VAIYAPURI ANBUMANI,SALEM vs. ITO, SALEM
What did the Tribunal hold?
The Tribunal found that the assessee was not given a proper opportunity to contest the delay condonation petition. Therefore, the matter was remanded to the CIT(A) for a fresh consideration of the delay condonation petition and the appeal on merits.
What were the facts?
The assessee filed appeals with a significant delay before the CIT(A). The CIT(A) dismissed the appeals in limine without considering the merits due to the delay. The assessee requested another opportunity to argue the delay condonation petition.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without providing a proper opportunity to the assessee to argue the delay condonation petition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: SHRI. INTURI RAMA RAO & BEFORE SHRI S.S. VISWANETHRA RAVI
आयकर अपीलीय अिधकरण, ’ए’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI �ी इंटूरी रामाराव, लेखा सद एवं �ी एस.एस. िव"ने$ रिव, �ाियक सद के सम% । BEFORE SHRI. INTURI RAMA RAO, ACCOUNTANT MEMBER AND BEFORE SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं./I.T.A. Nos. 1908 & 1909/Chny/2026 िनधा'रण वष'/Assessment Year: 2018-19 Vaiyapuri Anbumani, Vs. Income Tax Officer, B14/15, Paul Street, Ward -1(1), Kottai Salem, Salem. Salem – 636 001. [PAN: ATQPA-6613-G] (अपीलाथ*/Appellant) (+,थ*/Respondent) अपीलाथ* की ओर से / Appellant by : Mr. T.S. Lakshmi Venkataraman, FCA +,थ* की ओर से/Respondent by : Mr. S. Manoj Prakash, JCIT सुनवाई की तारीख/ Date of hearing : 15.06.2026 घोषणा की तारीख /Date of Pronouncement 15.07.2026 : आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
These appeals filed by the assessee are directed against the separate order both dated 23.02.2026 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2018-19.
2 ITA Nos. 1908 & 1909/Chny/2026
Since issues raised in these appeals of the assessee are similar
based on the same identical facts, with the consent of both the parties,
we proceed to hear the appeals together and pass consolidated order
for the sake of convenience.
First we take up ITA No. 1909/Chny/2026.
At the outset, it is noted that the assessee preferred an appeal
before the ld.CIT(A) dated 20.05.2024 with a delay of 733 days. We find
the ld.CIT(A) reproduced reasons explained by the assessee in Form 35
in page no.2 and 3 of the impugned order. The ld.AR, Shri. T.S. Lakshmi
Venkataraman, FCA, submits that the assessee was not prosecuted the
case before the ld.CIT(A) properly and one more opportunity may be
afforded to contest the delay condonation petition before the ld.CIT(A).
The ld.DR, Shri. S. Manoj Prakash, JCIT, opposed the same by
stating that the assessee filed an appeal before the ld.CIT(A) with a
delay and considering the legal precedents the ld.CIT(A) passed well
considered order which may be confirmed.
3 ITA Nos. 1908 & 1909/Chny/2026
Upon hearing both the parties, we note that the ld.AR only
requested for another opportunity to prosecute the delay condonation
petition before the ld.CIT(A) as in his opinion which was not properly
prosecuted by the assessee. We note that the ld.CIT(A) dismissed the
appeal in limine having no opportunity for the assessee to contest the
appeal on merits. Considering the same and in the interest of justice,
we deem it proper to remand the matter to the file of the ld.CIT(A) for a
fresh consideration of delay condonation petition and the assessee is
liberty to file evidences, in supporting the reasons in delay condonation
petition. The ld.CIT(A) shall consider the same afresh and pass order in
accordance with law. Thus, order of the ld.CIT(A) is set aside and
grounds raised by the assessee are allowed for statistical purposes.
In the result, appeal filed by the assessee is allowed for statistical
purposes.
Now we take up ITA No. 1908/Chny/2026.
We find this appeal was filed against the imposition of penalty u/s.
270A of the Act. In view of our decision in remanding the quantum appeal for the same AY 2018-19 to the file of the ld.CIT(A), we also remand this
4 ITA Nos. 1908 & 1909/Chny/2026
matter to the file of the ld.CIT(A) for fresh consideration. Thus, grounds raised by the assessee is allowed for statistical purposes.
In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 15th July, 2026 at Chennai.
Sd/- Sd/- (INTURI RAMA RAO) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
Chennai, Dated: 15.07.2026 JPV आदेश की +ितिलिप अ3ेिषत/Copy to: 1. अपीलाथ*/Appellant, 2.+,थ*/ Respondent, 3. आयकर आयु4/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय +ितिनिध/DR & 5. गाड' फाईल/GF.
PRASANNA Digitally signed by PRASANNA VANI JETTY VANI JETTY Date: 2026.07.16 14:07:00 +05'30'
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