TAJ PAL SINGH,MAWANA vs. ACIT, CIRCLE, MEERUT
What did the Tribunal hold?
The tribunal condoned both delays, citing the Collector Land Acquisition case and the Covid-19 period for the longer delay. It also noted the CIT(A)'s non-compliance with Section 250(6). Consequently, the appeal was set aside and remanded to the CIT(A)/NFAC for fresh adjudication, providing three effective opportunities of hearing.
What were the facts?
The assessee filed an appeal against an assessment order passed under Section 144, but faced significant delays in both the initial appeal to the CIT(A) (14 months 3 days) and the subsequent appeal to the ITAT (48 days). The CIT(A) had refused to condone the delay in the lower appeal.
What were the issues?
Whether the delay in filing appeals before the CIT(A) and ITAT should be condoned, and the proper procedure for adjudication by the CIT(A) under Section 250(6).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
- 441 ITR 722162 citing441 ITR 722 · 2022 · SC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2017-18 Taj Pal Singh, Vs ACIT, H. No. 82, Vill. Nasarpur, Mawana, Circle, Meerut, U.P.-240501 Meerut, U.P.-250002 (APPELLANT) (RESPONDENT) PAN No. GTPPS7082L Assessee by: Sh. Rohit Agarwal, CA Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 09.07.2025 Date of Pronouncement: 09.07.2025 ORDER This assessee’s appeal for Assessment Year 2017-18, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1071024607(1) dated 09.12.2024, in proceedings u/s 144 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
Delay of 48 days in filing of the instant appeal is condoned in the larger interest of justice in light of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).
It is noticed that the learned lower appellate authority has refused to condone the assessee’s 14 months 3 days delays in filing of the lower appeal instituted on 27.03.2021 against the assessment order dated 25.12.2019. That being the case, it is Taj Pal Singh manifestly clear that most of the intervening time period herein above is covered under Covid-19 pandemic outbreak upto 28.02.2022 which already stood excluded for all intents/purposes as per hon’ble apex court landmark decision Cognizance for Extension of Limitation, in Re (2022) 441 ITR 722 (SC).
Faced with this situation and in light of the fact that the assessee has already explained the above period of delay of 14 months 3 days institution of the lower appeal, the same is hereby condoned going by Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).
This is indeed coupled with the facts that there is also no compliance to section 250(6) of the Act in the impugned lower appellate order stipulating points of determination to be framed followed by a detailed adjudication thereupon. It is therefore deemed appropriate in the larger interest of justice to set aside the assessee’s instant appeal back to the CIT(A)/NFAC for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly.
Recent GST High Court judgments
Search GST case law →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026