SHAHTALAI GROUP OF TEMPLES,HIMACHAL PRADESH vs. CIT(E), WARD, SOLAN, HIMACHAL PRADESH
What did the Tribunal hold?
The Tribunal condoned the delay, citing principles of natural justice and the assessee's status as a charitable trust. The impugned orders were set aside, and the matters were restored to the AO for fresh consideration, with a direction for the assessee to present its case.
What were the facts?
The assessee, a charitable trust, failed to appear before the Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) (CIT(A)) for multiple assessment years, leading to ex-parte orders and rejection of appeals due to delays. The assessee sought condonation of delay and a remand back to the AO.
What were the issues?
Whether the appeals should be admitted despite significant delays and ex-parte orders, considering the assessee's charitable status and the need for natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH
Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for captioned Assessment Years (AY) arise out of separate orders of learned first appellate authority.
The registry has noted delay of 258 days in ITA No.325/Chandi/2026 and delay of 350 days in the other two appeals. The Ld. AR has sought condonation of the same along with a prayer to remand back the matters since the orders of Ld. AO are exparte orders. The Ld. Sr. DR has pleaded for dismissal of the appeals. The Ld. AR stated that the assessee is in a position to substantiate its cases. 2. In 2015-16, an assessment has been framed u/s 147 r.w.s. 144 of the Act on 26.03.2022 assessing total income of Rs.133.32 Lacs. The Ld. AO also levied penalty of Rs.43.33 Lacs against the same. The assessee did not attend both these proceedings. The Ld. CIT(A) did not admit quantum appeal for want of condonation of delay of 176 days and also confirmed the penalty. Similar are the facts in AY 2020- 21 wherein assessee’s first appeal against quantum order stood rejected for want of condonation of delay. Aggrieved, the assessee is in further appeals before us. 3. Keeping in mind the principles of natural justice and in view of the fact that the assessee is a charitable-trust, we accept the prayer of Ld. AR. Accordingly, the impugned orders are set aside and all the captioned matter stand restored back to Ld. AO for fresh consideration with a direction to the assessee to plead and prove its cases forthwith. 4. All the appeal stand allowed for statistical purposes. Order pronounced on 21st July, 2026
-Sd- -Sd- (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER
AS Dated: 21-07-2026 आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF
ASSISTANT REGISTRAR
ITAT CHANDIGARH
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