OIL INDUSTRY DEVELOPMENT BOARD,DELHI vs. DCIT, DELHI

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ITA 5474/DEL/2024Status: DisposedITAT Delhi27 May 2025AY 2011-12Bench: SH. SHAMIM YAHYA, ACCOUNTANT MEMBER AND SH. SUDHIR KUMAR (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal before the NFAC, holding that the assessee had shown sufficient cause. The matter was remanded back to the NFAC to decide the appeal on its merits.

What were the facts?

The assessee, an autonomous institution under the Ministry of Petroleum, filed its return of income. The case was selected for scrutiny, and the Assessing Officer made additions to the income. The assessee appealed to the NFAC, which dismissed the appeal as time-barred.

What were the issues?

Whether the delay in filing the appeal before the NFAC should be condoned based on the reasons provided by the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 254,Section 144B,Section 143(2),Section 142(1),Section 36(1)(xii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

Before: SH. SHAMIM YAHYA & SH. SUDHIR KUMAR

For Appellant: Shri Rahul Tyagi, CA
For Respondent: Ms. Ranu Mukherjee CIT DR
Hearing: 27/05/2025

Date of hearing: 27/05/2025 Date of Pronouncement: 27 /05/2025 ORDER PER SUDHIR KUMAR, JUDICIAL MEMBER:

This appeal is preferred by the assessee against the order dated 27.09.2024 of the National Faceless Appeal Centre Delhi [hereinafter referred to as “NFAC)”] passing against the A.Y.2011-12 assessment order vide order dated 29.01.2022 for the assessment year 2011-12 u/s 143(3) r.w.s. 254 read with section 144B of the Income Tax Act 1961[hereinafter referred to as “the Act”].

2.

The brief facts of the case are that the assessee is an autonomous institution under the aegis of Ministry of petroleum, Oil & Natural Gas constituted by an act of Parliament called Oil Industries (Development) Act, 1974 and is engaged in providing financial assistance for the development of oil industry. The assessee has filed return of income declaring total income of Rs 477,61,36,190/-on 29-09-2011. The case of the assessee was selected for scrutiny under CASS. Notice u/s 143(2) and 142(1) of the Act were issued and duly served upon the assessee. In the response to the notice the Ld. AR of the assessee has attended the proceedings. The AO completed the assessment by making the addition of Rs. 15,88,00,000/- u/s 36 (1) (xii) of the Act and Rs 61,644/- as undisclosed receipts.

A.Y.2011-12 Aggrieved the order of the AO the assessee preferred the appeal before the Ld. NFAC Delhi who vide his order dated 27-09-2024 dismissed the appeal treated as time barred. Being aggrieved the order of the Ld. NFAC the assessee is in appeal before the Tribunal.

3.

Ld. AR for the assessee submitted that the appeal was dismissed treating time barred by the appellate authority. The assessee has moved the application to condone the delay showing the sufficient cause for condonation. He submitted that the appeal be admitted for adjudication on merit and delay be condoned.

4.

Ld. CIT DR submitted that no sufficient cause has been shown by the assessee for condone the delay in filling the appeal. He further stated that the appeal was rightly dismissed by the Ld. NFAC.

5.

We have heard the rival contention and perused the material available on record.

A.Y.2011-12 6. The assessee has filed the application for condonation the delay in filing the appeal. The assessee has shown the sufficient cause not to file with in time in the application. The Ld. NFAC should have condoned the delay in filing the appeal and should have heard the appeal on merit because the assessee has shown the sufficient cause not to file the appeal with in time. Therefore, we condoned the delay in filing the appeal before the Ld. NFAC and the matter is remand back to the Ld. NFAC to decide the matter as a fresh after giving the opportunity of the being heard to the assessee. Therefore, we set aside the order passed by the Ld. NFAC Delhi.

7.

In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 27 .05.2025.

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