ARIFUDDIN AHMED,RANGIA vs. ACIT, CENTRAL CIRCLE-1, GUWAHATI, GUWAHATI
What did the Tribunal hold?
The ITAT condoned the delay in filing the appeal before the CIT(A) and directed the CIT(A) to decide the case on merits after the assessee files a correct Form 35. The ITAT also noted that the AO had initiated penalty proceedings under Section 271(1)(c).
What were the facts?
The assessee's appeal before the CIT(A) was dismissed for being defective due to the absence of a proper Form 35 and lack of explanation for notices. The assessee had also delayed filing the appeal before the CIT(A).
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal as defective for a missing Form 35, and whether the delay in filing the appeal should be condoned.
Which sections of the Income-tax Act were involved?
Section 250,Section 271(1)(c),Section 148,Section 147,Section 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI
PER LAXMI PRASAD SAHU, ACCOUNTANT MEMBER
This is an appeal filed by the assessee against the order passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by the Ld. Commissioner of Income Tax (Appeals), Central, NER, Guwahati [hereinafter referred to as “the Ld. CIT(A)] dated 19.11.2025, DIN & order No. ITBA/APL/S/250/2025-26/1082777739(1) on the following grounds of appeal:
2 Arifuddin Ahmed “1. For that the learned CIT(A) is not justified in deeming the Appeal as defective & dismissing the same in absence of Form No.35 even knowing the fact that this appeal has been instituted only on the basis of
The order continues below.
Read the full judgment
A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- J M Mhatre Infra PVT. LTD Thr. Authorized Chetanj Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026
- Namita Behera vs. Commissioner Of CT And GST, CuttackOrissa · 14 Oct 2026
- Ratul Boro vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026
- Jashwant Sharma vs. The Union Of INDIA And A4 OrsGauhati · 14 Oct 2026