RENU SHARMA,ETAH ,UTTAR PRADESH vs. INCOME-TAX OFFICER, WARD 4(3)(1), ETAH, ETAH
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal. While acknowledging the assessee's non-cooperative conduct, the Tribunal restored the matter to the Assessing Officer for fresh adjudication in the interest of justice, directing the assessee to be cooperative.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte. The ITAT noted a significant delay in filing the current appeal, which was condoned due to the assessee's rural background and claim of non-receipt of the order. The original assessment order was also passed ex-parte.
What were the issues?
Whether the ex-parte dismissal of the appeal by the CIT(A) and the original ex-parte assessment order were justified, and if the assessee was afforded sufficient opportunity of hearing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA(SMC
Before: SUNIL KUMAR SINGHBRAJESH KUMAR SINGH
PER:SUNIL KUMAR SINGH, JUDICIAL MEMBER
This appeal is directed against the impugned order dated 26.09.2024 passed in appeal No NFAC/2012-13/10171927 by the ld. Commissioner of Income Tax/ NFAC(Delhi) (hereinafter referred to as the “CIT(A) u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) for the A.Y. 2013-14, wherein ld CIT(A) has dismissed assessee’s appeal ex-parte.
At the very outset, it is noticed that according to registry’s report, this second appeal was filed on 06.05.2026 against the impugned order dated 26.09.2024 as time barred by a delay of about 523 days. The reasons mentioned in the application for condonation of delay are that, the assessee was not served with the impugned order. The same was received be
The order continues below.
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