KAMAL SINGH,CHARKHI DADRI vs. ITO, CHARKHI DADRI
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, citing the principle of substantial justice over technicalities, restored the appeal to the Assessing Officer. The taxpayer is to plead and prove their case at their own risk.
What were the facts?
The assessee filed an appeal before the CIT(A)/NFAC after a delay of 1035 days. The CIT(A)/NFAC refused to condone this delay, stating that the reasons provided were not justifiable.
What were the issues?
Whether the CIT(A)/NFAC erred in refusing to condone the significant delay in filing the appeal without considering the principles of 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 BENCHES, ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
आयकर अपीलीय आयकर अपीलीय अिधकरण अिधकरण, �द�ली �द�ली पीठ� पीठ�, नई नई �द�ली �द�ली आयकर आयकर अपीलीय अपीलीय अिधकरण अिधकरण �द�ली �द�ली पीठ� पीठ� नई नई �द�ली �द�ली INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, ‘SMC’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
ITA 5328/DEL/2026 िनधा�रणवष�/AssessmentYear:2018-19) KAMAL SINGH ITO VILLAGE JHOJHU KALAN LOHARU CHOWK CHARKHI DADRI-127310, CHARKHI DADRI Vs. CHARKHI DADRI-127310, CHARKHI DADRI-127306, HARYANA HARYANA अपीलाथ�Appellant ��थ� Respondent Permanent Account Number of Assessee: EIDPS0471N अपीलाथ��ारा/Appellant represented by: Sh. Deepak Singhal, CA ��थ��ारा/Respondentrepresented by: Sh. Nirmal Nangia, Sr.DR
सुनवाईकीतारीख/Date of conclusion of hearing: 07.07.2026 घोषणाकीतारीख/Date of pronouncement: 07.07.2026 आदेश / ORDER This assessee’s appeal for assessment year 2018-19, arises against the Ld. CIT(Appeals)/National Faceless Appeal Centre, New Delhi’s order in DIN & Order No : ITBA/NFAC/S/250/2025- 26/1087474504(1), dated 17.03.2026 involving proceedings under section 147 r.w.s144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused. 2. It emerges during the course of hearing that the learned CIT(A)/NFAC has refused to condone the delay of 1035 days in filing of
ITA 5328/DEL/2026 KAMAL SINGH
the assessee’s lower appeal instituted on 17.02.2026 against the Assessing Officer’s assessment framed on 20.03.2023 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, and restore the assessee’s instant appeal back to the Assessing Officer for his 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 7th July, 2026. Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 31st July, 2026. f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ
ITA 5328/DEL/2026 KAMAL SINGH
More judgments on Section 147
- 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
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- M/S. Susanta Mohanty, Gandarpur, Cuttack vs. The Principal Commissioner Of Central Goods And Services Tax, BhubaneswarOrissa · 31 Oct 2026
- Arun Kumar Mallik vs. The Commissioner, CGST, Cx And Customs,BbsrOrissa · 31 Oct 2026
- Sabita Khosla vs. Superintendent, CGST And Central Excise, Rayagada-Ii Range, RayagadaOrissa · 31 Oct 2026
- M/S Karo Sambhav Private Limited Through Its Director Mr. Pranshu Singhal vs. Additional/Joint Commissioner, Central Goods And Services Tax, Delhi North & Anr.Delhi · 31 Oct 2026
- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026