SANJEEV JAIN,DELHI vs. ITO WARD 36 (1), DELHI
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, citing the principle that technicalities should not obstruct substantial justice. The appeal was restored to the CIT(A)/NFAC for fresh adjudication.
What were the facts?
The assessee's appeal before the CIT(A)/NFAC was filed with a delay of 131 days. The CIT(A)/NFAC refused to condone this delay, stating that the reasons provided were not justifiable.
What were the issues?
Whether the delay in filing the appeal before the CIT(A)/NFAC was sufficiently explained and should be condoned to allow for substantial justice.
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.6917/Del/2026 Assessment Year: 2016-17 Sanjeev Jain (HUF), Vs. Income Tax Officer, D-237, Vivek Vihar (East Ward 36(1), Delhi), Income Tax Department, Delhi- 110095 C.R.Building, I.P.Estate, Ward 36(1), Income Tax Department, Delhi- 02 PAN: ABAHS5253E (Appellant) (Respondent) Assessee by Dr. Prince Mohan Sinha, Adv. Shri. Raj Singh, Adv. Department by Sh. Manoj Kumar, Sr. DR Date of hearing 05.08.2026 Date of pronouncement 05.08.2026 ORDER PER SATBEER SINGH GODARA, JM: This assessee’s appeal for assessment year 2016-17, 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/250/2026-27/1089695848(1), dated 15.06.2026 involving proceedings under section 147 r.w.s. 144 r.w.s 144B of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
ITA No.6917/Del/2026
Heard both the parties. Case file perused.
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 131 days in filing of the assessee’s lower appeal instituted on 03.11.2023 against the Assessing Officer’s assessment framed on 26.05.2023, 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
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ITA No.6917/Del/2026
condoned and the assessee’s instant appeal is restored back to the CIT(A)/NFAC for its afresh appropriate adjudication within three 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 5th August, 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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