KANTA DEVI,HARYANA vs. ITO WARD 2 (3), HARYANA
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 appeal before the CIT(A)/NFAC, stating that technicalities should not impede substantial justice. The appeal was restored to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee filed an appeal before the CIT(A)/NFAC with a delay of 13 days. The CIT(A)/NFAC refused to condone this delay, deeming the reasons provided as not justifiable.
What were the issues?
Whether the delay in filing the appeal before the CIT(A)/NFAC should be condoned, considering the principle of substantial justice over technicalities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.6906/Del/2026 Assessment Year: 2012-13 Kanta Devi Vs. Income Tax Officer Ward- 37/9, Badshahpur, Nai 2(3), Basti, Teekli Road, Shankar Chowk, Gurgaon- 122001 Udyog Vihar, Haryana Gurgaon- 122 001 Haryana PAN: AEVPY5737K (Appellant) (Respondent) Assessee by None Department by Sh. Manoj Kumar, Sr. DR
Date of hearing 05.08.2026 Date of pronouncement 05.08.2026 ORDER This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2026-27/1088648927(1), dated 27.04.2026 involving proceedings under section 143(3) r.w.s. 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
ITA No.6906/Del/2026
It emerges during the course of hearing with the able assistance coming from both the parties that the learned CIT(A)/NFAC has refused to condone the delay of 13 days in filing of the assessee’s lower appeal instituted on 17.01.2020 against the Assessing Officer’s assessment framed on 03.12.2019, thereby holding that the same had not been explained in light of the justifiable reasons.
Faced with the situation, learned departmental representative could hardly dispute that the assessee had indeed filed his condonation petition before the CIT(A)/NFAC explaining all the reasons on account of circumstances beyond his control.
That being the case, I hereby quote Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC), settling the issue long back that all such technical aspects must make way for the cause of substantial justice. Accordingly, the delay caused in filing the appeal before the CIT(A)/NFAC is condoned and the assessee’s instant appeal is restored back to the CIT(A)/NFAC for its afresh appropriate adjudication within three
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ITA No.6906/Del/2026
effective opportunities subject to a rider that the taxpayer shall plead and prove the case at his own risk and responsibility, in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 05.08.2026 Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated:10.08.2026 Pooja Mittal/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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More judgments on Section 147
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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