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Facts
The assessee filed appeals against orders passed by the CIT(A) which dismissed their appeals ex-parte due to non-compliance with notices. The delay in filing the present appeals was attributed to the assessee's email address not being updated on the IT portal, leading to non-receipt of notices. The assessee sought condonation of delay for 51, 50, and 20 days respectively.
Held
The Tribunal condoned the delay in filing the appeals, finding the assessee's explanation for non-receipt of notices to be genuine and beyond their control. The ex-parte orders of the CIT(A) were set aside, and the appeals were remitted back for fresh adjudication.
Key Issues
Whether the delay in filing the appeal should be condoned due to the assessee's failure to receive notices from the CIT(A) due to an outdated email address.
Sections Cited
143(3), 263, 144B, 271(1)(c), 147
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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
order : 31.10.2025 O R D E R [ Per Bench: 1. These are three appeals preferred by the same Assessee which were heard together since the same involved identical issues and are, therefore, being disposed off by way of a common order.
ITA No.4177/Mum/2025 [Assessment Year 2011-2012] 2. First we would take up appeal preferred by the Assessee for the Assessment Year 2011-2012 against the Order, dated 06/02/2025, passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as the ‘CIT(A)’], whereby the Ld. CIT(A) had dismissed the appeal of the Assessee against the Assessment Order, Assessment Year 2011-2012, 2012-2013 & 2016-2017 dated 30/03/2022, passed under Section 143(3) read with Section 263 read with Section 144B of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’].
The Assessee has raised the 8 grounds of Appeal
4. When the appeal was taken up for the Learned Authorised Representative for the Assessee, at the outset, submitted that the delay in filing the present appeal be condoned and the ex-parte order passed by Learned CIT(A) be set aside. In this regard, the Learned Authorised Representative for the Assessee placed reliance upon the sworn affidavit filed by the Assessee explaining the circumstances leading up to filing of the present appeal.
5. Per contra, the Learned Departmental Representative opposed the application seeking of delay and submitted that the Assessee had failed to furnish any corroborating evidence. Therefore, it was submitted that the Affidavit filed by the Assessee could not be accepted on the face value.
We have heard the rival submissions and have used the material on record.
We find that for the delay of 51 days in filing the present appeal. The Assessee has filed application seeking condonation of delay along with affidavit explaining the circumstances in which the delay had occurred in filing the present appeal. We have taken into the aforesaid application and Affidavit filed. On perusal of the same it emerges as follows: (a) The Learned CIT(A) had passed ex-parte Order, dated 06/02/2025, dismissing the appeal in limine on the ground of non-compliance to various notices of hearing
(b) The present appeal was filed on 19/06/2025 after a delay Assessment Year 2011-2012, 2012-2013 & 2016-2017 of 51 days.
(c) The notices of hearing issued by the Learned CIT(A) during the appellate proceedings were addressed and communicated to the email address "accounts@shlokmedia.com" which was not used by the Assessee at the relevant time for business correspondence. The said domain "shlokmedia.com" was surrendered by the Assessee in June 2022 due to reduction in business activities, and consequently, the Assessee did not have access to the said email account thereafter. All communications were shifted by the Assessee to a new email address/ID (namely "shlokmediainc@gmail.com"). However, inadvertently, this new email address was not updated on the Income Tax e-filing portal by the accountant/employee of the Assessee. As a result, all subsequent communications, including notices issued the Ld. CIT(A), continued to be sent to the earlier deactivated email address, and were, therefore, not received by the Assessee. Therefore, the Assessee was unable to enter appearance before the Learned CIT(A).
(d) It was only in June 2025, when new consultants were appointed for handling income tax compliances that the Assessee received information that the Learned CIT(A) has dismissed the appeal preferred by the Assessee vide order dated 06/02/2025. Immediately thereafter, the Assessee took steps file the present appeal before the Tribunal. The appeal got to be filed on 20/06/2025 after a delay of 51 days.
(e) According to the Assessee the delay in filing the present Assessment Year 2011-2012, 2012-2013 & 2016-2017 appeal as well as non-compliance before the Learned CIT(A) was due to genuine reasons beyond the control of the Assessee.
While the Learned Departmental Representative has submitted that the affidavit filed by the Assessee should not be accepted on face value, there is nothing on record to doubt the bonafide of the stand taken by the Assessee. We find that the appeal before the Learned CIT(A) was filed on 09/05/2022. In the Memorandum of Appeal in Form 35 email address/id for communication is stated as accounts@shlokmedia.com. Subsequently, the said appeal was disposed of by way of ex-party order dated 06/02/2025. It is the case of the Assessee that the domain name was surrendered in June 2022 on account of losses suffered during the Covid Pandemic period. Thus, for the aforesaid notices of hearing sent by the Learned CIT(A) on the email address specified in Form 35 were not received by the Assessee and therefore, the Assessee was proceeded ex-party. On account of the same reasons that the Assessee got delayed knowledge of the impugned order having been passed by Learned CIT(A). We have no reasons to doubt the aforesaid explanation offered by the Assessee.
In the case of Collector of Land Acquisition Vs. Mst. Katiji & others AIR 1987 1353 (SC) the Hon’ble Supreme Court has, while dealing with the issue of condonation of delay, emphasized that substantial justice should prevail over technical considerations. Every day’s delay must be explained does not mean that a pedantic approach should be taken and that the aforesaid doctrine must be applied in a rational common sense and pragmatic manner, more so in circumstances where a litigant does not stand to benefit by lodging the appeal late (as is the case in appeal before us). Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold. As against this, when delay is condoned, the Assessment Year 2011-2012, 2012-2013 & 2016-2017 highest that can happen is that a cause would be decided on merits after hearing the parties.
Accepting the explanation given by the Assessee to be reasonable, we hold that in the present case the Assessee was prevented by the sufficient cause from filing the present appeal within the prescribed time. Accordingly, we condone the delay of 51 days in filing the present appeal. Since the Assessee could not make any representation before the Learned CIT(A) on account of non-receipt of notice of hearing issued during the appellate proceedings, the impugned Order, dated 06/02/2025, passed by Learned CIT(A) is set- aside with the directions to adjudicate grounds raised by the Assessee in appeal afresh after granting the Assessee a reasonable opportunity of being heard. The Assessee is also directed to file details, documents & submission in support of its claims/contentions before the Learned CIT(A). The Learned CIT(A) would be at liberty to admit/consider the same as per law. The Assessee is directed to take necessary steps for update the address/email address of the Assessee in the records of Income Tax Business Application (ITBA) Portal and in the records of the Learned CIT(A) for proper communications of the orders/notices. In terms of the aforesaid, and without returning any findings on merits, the Grounds No. 4 and 5 raised by the Assessee are allowed for statistical purposes while all the other grounds raised by the Assessee are dismissed as having being rendered infructuous in view of the fact that impugned Order has been set aside. All the rights and contentions of the Assessee are left open.
In the result, terms of Paragraph 9 above, the present appeal preferred by the Assessee is allowed for statistical purposes. [Assessment Year 2012-2013] 12. Now we would take up appeal preferred by the Assessee for the Assessment Year 2012-2013 against the Order, dated 06/02/2025, Assessment Year 2011-2012, 2012-2013 & 2016-2017 passed by the Learned CIT(A), whereby the Learned CIT(A) had dismissed the appeal of the Assessee against the Penalty Order, dated 11/01/2022, passed under Section 271(1)(c) of the Act.
In facts and circumstances identical to Assessment Year 2011-2012, the appeal preferred by the Assessee against the Penalty Order was dismissed by the Learned CIT(A) way of ex-party order against which appeal was preferred by the Assessee after a delay of 50 days. During the course of hearing both the sides had agreed that our finding/adjudication on identical issue in appeal for the Assessment Year 2011-2012 shall apply mutatis mutandis to appeal for the Assessment Year 2012-2013. Therefore, adopting the reasoning given while adjudicating [Assessment Year 2011- 12] hereinabove, we condone the delay of 50 days in filing the present appeal. Since the Assessee could not make any representation before the Learned CIT(A) on account of non-receipt of notice of hearing issued during the appellate proceedings, the impugned Order, dated 06/02/2025, passed by Learned CIT(A) is set- aside with the directions to adjudicate grounds raised by the Assessee in appeal afresh after granting the Assessee a reasonable opportunity of being heard. The Assessee is also directed to file details, documents & submission in support of its claims/contentions before the Learned CIT(A). The Learned CIT(A) would be at liberty to admit/consider the same as per law. The Assessee is directed to take necessary steps for update the address/email address of the Assessee in the records of Income Tax Business Application (ITBA) Portal and in the records of the Learned CIT(A) for proper communications of the orders/notices. In terms of the aforesaid, and without returning any findings on merits, the Grounds No. 3 raised by the Assessee is allowed for statistical purposes while all the other grounds raised by the Assessee are dismissed as having being rendered infructuous in view of the fact that impugned Order has been set aside. All the rights Assessment Year 2011-2012, 2012-2013 & 2016-2017 and contentions of the Assessee are left open.
In the result, terms of Paragraph 12 above, the present appeal preferred by the Assessee is allowed for statistical purposes.
Year 2016-2017] 15. Now we would take up appeal preferred by the Assessee for the Assessment Year 2016-2017 against the Order, dated 30/03/2025, passed by the Learned CIT(A), whereby the Learned CIT(A) had dismissed the appeal of the Assessee against the Assessment Order, dated 29/03/2022, passed under Section 147 read with Section 144B of the Act.
For the Assessment Year 2016-2017 also there is no change in facts and circumstances. The appeal preferred by the Assessee against the Assessment Order, dated 29/03/2022, was dismissed by the Learned CIT(A) way of ex-party order against which appeal was preferred by the Assessee after a delay of 20 days. During the course of hearing both the sides had agreed that our finding/adjudication on identical issue in appeal for the Assessment Year 2011-2012 shall apply mutatis mutandis to appeal for the Assessment Year 2016-2017 ( ). Therefore, adopting the reasoning given while adjudicating [Assessment Year 2011-12] hereinabove, we condone the delay of 20 days in filing the present appeal. Since the Assessee could not make any representation before the Learned CIT(A) on account of non-receipt of notice of hearing issued during the appellate proceedings, the impugned Order, dated 30/03/2025, passed by Learned CIT(A) is set-aside with the directions to adjudicate grounds raised by the Assessee in appeal afresh after granting the Assessee a reasonable opportunity of being heard. The Assessee is also directed to file details, documents & submission in support of its claims/contentions before the Learned CIT(A). The Learned CIT(A) would be at liberty to admit/consider the same as per Assessment Year 2011-2012, 2012-2013 & 2016-2017 law. The Assessee is directed to take necessary steps for update the address/email address of the Assessee in the records of Income Tax Business Application (ITBA) Portal and in the records of the Learned CIT(A) for proper communications of the orders/notices. In terms of the aforesaid, and without returning any findings on merits, the Grounds No. 3 & 4 raised by the Assessee are allowed for statistical purposes while all the other grounds raised by the Assessee are dismissed as having being rendered infructuous in view of the fact that impugned Order has been set aside. All the rights and contentions of the Assessee are left open.
In the result, terms of Paragraph 15 above, the present appeal preferred by the Assessee is allowed for statistical purposes.
In conclusion, all the three appeals preferred by the Assessee are allowed for statistical purposes.