HANUMANT CONSTRUCTION PRIVATE LIMITED, RAIPUR, RAIPUR vs. ACIT, CENTRAL CIRCLE-1, RAIPUR, RAIPUR
What did the Tribunal hold?
The ITAT held that the CIT(A) is not empowered to dismiss an appeal for non-prosecution and must decide the appeal on merits. The tribunal condoned the delay in filing the appeal before it, citing sufficient cause and the principle of substantial justice.
What were the facts?
The assessee failed to file an Income Tax Return and did not comply with assessment proceedings. The CIT(A) dismissed the appeal ex-parte due to non-prosecution, despite the assessee's delay in filing the appeal to the ITAT, citing financial crisis and bankruptcy.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal ex-parte without proper service of notice and without following principles of natural justice. Whether the delay in filing the appeal to the ITAT should be condoned.
Which sections of the Income-tax Act were involved?
Section 148,Section 147,Section 144,Section 250,Section 251,Section 254
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR
Before: SHRI PARTHA SARATHI CHAUDHURY, JM & SHRI AVDHESH KUMAR MISHRA, AM
Per Avdhesh Kumar Mishra, AM:
This appeal for Assessment Year (‘AY’) 2020-21 filed by the assessee is directed against the order dated 07.01.2026 of Commissioner of Income Tax (Appeals), [CIT(A)], Raipur-3 passed under section 250 of the Income Tax Act, 1961 (‘Act’).
The assessee appellant has raised following grounds of appeal:
“1. In the facts a
The order continues below.
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More judgments on Section 148
- 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
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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