ASHISH SHARMA,DELHI vs. INCOME TAX OFFICER, WARD-30(1), DELHI, DELHI

This assessee’s appeal for assessment year 2018-19, arises against the Commissioner of Income Tax (Appeals)/National
Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1073937388(1), dated
03.03.2025 involving proceedings under section 147 r.w.s.144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
2. Heard both the parties. Case file perused.
3. It emerges during the course of hearing with the able assistance coming from the Revenue side that the learned
CIT(A)/NFAC has refused to condone the delay in filing of the assessee’s lower appeal instituted on 16.04.2024 against the Assessee by Sh. Tej Mohan Singh, Adv.
Department by Sh. Akhilesh Kumar Yadav, Sr. DR
Date of hearing
03.06.2025
Date of pronouncement
03.06.2025
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Assessing Officer’s assessment framed on 28.12.2023, thereby holding that the same had not been explained in light of the justifiable reasons.
4. Faced with the situation, learned departmental representative could hardly dispute that the assessee had indeed filed his condonation petition before the CIT(A)/NFAC explaining all the reasons on account of circumstances beyond his control.
5. That being the case, I hereby quote Collector, Land &
Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC), settling the issue long back that all such technical aspects must make way for the cause of substantial justice, and restore the assessee’s instant appeal back to the CIT(A)/NFAC for his afresh appropriate adjudication within three effective opportunities subject to a rider that the taxpayer shall plead and prove the case at his own risk and responsibility, in consequential proceedings.
Ordered accordingly.
6. This assessee’s appeal is allowed for statistical purposes.
Order pronounced in the open court on 3rd June, 2025 (SATBEER SINGH GODARA)

JUDICIAL MEMBER

Dated: 3rd June, 2025. 3 | P a g e

RK/-