DEVENDER SARNA,DELHI vs. INCOME TAX OFFICER, DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals, finding sufficient cause. Since the Ld. CIT(A) had not decided the appeals on merits, all issues were restored back to the Ld. CIT(A) for a decision on merits, with directions for the assessee to participate.
What were the facts?
The assessee filed appeals before the Ld. CIT(A) for assessment years 2017-18 & 2018-19, which were delayed. The assessee cited a technical glitch for the delay. No one appeared on behalf of the assessee during the hearing.
What were the issues?
Whether the delay in filing the appeal before the Ld. CIT(A) was to be condoned, and if so, the appeals should be decided on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “C” BENCH: NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI MANISH AGARWAL
& 787/Del/2025 [Assessment Year : 2017-18 & 2018-19] Devender Sarna, v ITO, D-64, Vivek Vihar, Delhi s Ward-58(6), Vikas Bhawan, PAN–ACAPS8428A I.P.Estate, Delhi-110002 APPELLANT RESPONDENT Appellant by None Respondent by Shri Om Prakash, Sr.DR Date of Hearing 14.05.2025 Date of Pronouncement 14.05.2025 ORDER
PER MANISH AGARWAL, AM :
The captioned appeals have been filed by the assessee seeking to assail the different First Appellate orders dated 24.06.2024 & 26.08.2024 of Ld. Commissioner of Income Tax (A), National Faceless Appeal Centre (“NFAC”), Delhi [“Ld.CIT(A)”] in Appeal No.CIT (A), Delhi- 19/11141/2019-20 and Appeal No. NFAC/2017-18/10096871 passed u/s 250 of the Income Tax Act, 1961 [“the Act”] arising from the different assessment orders dated 16.12.2019 and 27..09.2021 passed u/s 143(3) and 143(3) r.w.s. 147 of the Act pertaining to assessment years 2017-18 & 2018-19 respectively.
At the time of hearing, no one appeared on behalf of the assessee.
From the perusal of the appellate order, it is found that Ld. CIT(A) has refused to condone the delay in the filing the appeals. The reasons given in delay condonation petition was technical glitch in filling the appeals. The reason being sufficient, therefore, it was prayed before the Ld. CIT(A) to condone the delay and decide the appeals on merits. Further, it is seen that despite of issue of notices, assessee has failed to make any compliance before the Ld. CIT(A).
We have heard the contention of Ld.Sr.DR for the Revenue and perused the material available on record. Under these circumstances and the interest of justice, we find the reason given by the assessee for delay has sufficient cause to condone the delay in filing the appeals before the Ld. CIT(A). As the Ld. CIT(A) has not decided the appeal of the assessee on merits, therefore, all the issues are restored back to the file of Ld. CIT(A) to decide the same on merits after providing reasonable opportunities of being heard to the assessee. The assessee is also directed to participate in the appellate proceedings and filed the necessary replies within time limit provided by the Ld. CIT(A). With these directions, both the appeals of the assessee are allowed for statistical purposes.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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