SANJAY AWASTHI,BHAWARNA vs. INCOME TAX OFFICER, AAYKAR BHAWAN PALAMPUR
What did the Tribunal hold?
The Tribunal condoned the delay of 59 days, finding the assessee's explanation to be bona fide and constituting sufficient cause. The Tribunal restored the matter to the CIT(A) for adjudication on merits as the original appeal was not decided on grounds.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed in limine for being barred by limitation by 59 days. The assessee explained the delay by stating that the e-mail and mobile number linked to the Income-tax portal belonged to an accountant, and the assessee lacked access to them, leading to delayed knowledge of the assessment order.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) was sufficiently explained to warrant condonation, and if so, whether the appeal 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, BENCH, ‘SMC’ CHANDIGARH
Before: SHRI LALIET KUMAR
The assessee is in appeal before the Tribunal against the order of the ld. Commissioner of Income Tax (Appeals)NFAC [in short ‘the CIT (A)’] dated 17.03.2026 passed for assessment year 2024-25. 2. At the outset, the learned counsel for the assessee submitted that the ld. CIT(A) dismissed the appeal in limine by treating the same as barred by limitation, without adjudicating the grounds raised by the assessee on merits. It was submitted that there was A.Y.2024-25 2 a delay of 59 days in filing the appeal before the ld. CIT(A), which was neither deliberate nor intentional. The learned counsel
The order continues below.
Read the full judgment
A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
More judgments on Section 249(3)
- Suguru Anjanaiah, Guntakal vs ITO, Ward-1, GuntakalITA 2336/HYD/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Alok Pal, Etawah vs The Income Tax Officer, Ward 2(2)(5), EtawahITA 723/AGR/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Sanjay Kumar Jaisinghani, Raipur vs ITO, Ward-3(1), RaipurITA 699/RPR/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
- Shri Shyam Prakash, Danish Kunj, Kolar… vs Assistant Commissioner of Income Tax -2(1)…ITA 687/RPR/2026[2012-2013]Status: Disposed14 Oct 2026AY 2012-2013
- Sarmistha Dey, Hooghly, West Bengal vs Income Tax Officer Ward 24(1), Hoogly…ITA 2864/KOL/2026[2021-2022]Status: Disposed14 Oct 2026AY 2021-2022
Recent GST High Court judgments
Search GST case law →- M/S South INDIA Trading Company vs. Additional Commissioner Adjudication CGST Delhi North & Anr.Delhi · 13 Oct 2026
- M/S Rishi Stonex vs. The State Of Assam And 5 OthersGauhati · 13 Oct 2026
- Gopal Datt vs. Vishal Kumar SharmaUttarakhand · 13 Oct 2026
- M/S Do Nam Enterprise And Anr vs. The Union Of INDIA And 2 OrsGauhati · 13 Oct 2026
- M Sundaravel vs. The Assistant Commissioner Of Central GST And Central ExciseMadras · 13 Oct 2026