MANSI BIJLEE & RICE MILLS LIMITED,GURUGRAM vs. INCOME TAX OFFICER, GURUGRAM
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal in the interest of justice. The case was remitted back to the Assessing Officer for fresh adjudication after providing the assessee with an adequate opportunity of being heard.
What were the facts?
The assessee filed an appeal before the ITAT with a delay of 75 days. The Assessing Officer had passed an ex-parte order, and the CIT(A) had dismissed the appeal due to non-prosecution.
What were the issues?
Whether the ex-parte assessment order and the dismissal of appeal by CIT(A) for non-prosecution were justified, and if the assessee should be given a fresh opportunity to present their case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’ : NEW DELHI
Before: SHRI MAHAVIR SINGH
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘A’ : NEW DELHI)
BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER ITA No. 1566/Del/2026 Asstt. Year : 2015-16 MANSI BIJLEE & RICE MILLS LIMITED, VS. ITO, Income Tax Department, O-116, 1ST FLOOR, DLF SHOPPING MALL Vanijya Nikunj Shankar Chowk ARJUN MARG, DLF PHASE-1, Road, Phase-V, Udyog Vihar, GURGAON, HARYANA Sector-19, Gurgaon. (PAN: AAGCM6211N) Haryana (Appellant) (Respondent) Appellant by : None Respondent by : Sh. Balkishan Gopal, Sr. DR. Date of Hearing 17.08.2026 Date of Pronouncement 17.08.2026 ORDER This appeal by the assessee is emanating from the order of the NFAC, Delhi in appeal No. NFac/2014-15/10118152 dated 26.9.2025. Assessment was framed by the AO u/s. 144/147 of the Income Tax Act, 1961 dated 26.09.2025 relating to assessment year 2015-16. 2. None appeared on behalf of the assessee, despite issue of notice of hearing, hence, we are proceeding exparte qua the assessee, after hearing the ld. DR and perusing the records. 3. It is noted that there is a delay of 75 days in filing the appeal before the Tribunal. After hearing the Ld. DR and keeping in view the cause of delay in filing the appeal, we are of the considered view that reasonable cause has been
attributed to the assessee for delay in filing the appeal, hence, in the interest of justice, we condone the delay in filing the belated appeal before the Tribunal and proceed further. 4. Upon careful consideration the relevant records, we find that AO has passed the exparte order u/s. 144 of the Act and also Ld. CIT(A) has dismissed the appeal on account non-prosecution, even without going into the merits of the case properly. Hence, in the interest of justice, we remit back the issues in dispute to the file of the Assessing Officer for fresh adjudication, with the directions to consider each and every aspect of the matter, after giving adequate opportunity of being heard to the assessee, for which ld. DR has no objection. However, Assessee is directed to cooperate with the Assessing Officer during the proceedings in order to enable the Assessing Officer to pass the order, in accordance with law. 5. In the result, the Assessee’s appeal is allowed for statistical purposes. Order pronounced in the Open Court on 17.08.2026.
Sd/- Sd/- (AMITABH SHUKLA) (MAHAVIR SINGH) ACCOUNTANT MEMBER VICE PRESIDENT
Date: 18.08.2026 SRBhatnaggar Copy forwarded to: - 1. Appellant 2. Respondent 3. DIT 4. CIT (A) 5. DR, ITAT TRUE COPY By Order, Assistant Registrar, ITAT, Delhi Bench
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