ALAGAIYADEVAR CHELLADURAI,TIRUNELVELI vs. ITO, WARD-1,, TIRUNELVELI
What did the Tribunal hold?
The Tribunal found the assessee's reasons for delay, attributing it to a professional's failure, to be acceptable. The matter was remanded to the CIT(A) for fresh consideration of the delay condonation petition.
What were the facts?
The assessee filed an appeal before the CIT(A) with a significant delay of 339 days. The CIT(A) rejected the delay condonation petition due to unsatisfactory reasons provided by the assessee.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) should be condoned based on the explanation provided by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: SHRI SS VISWANETHRA RAVI & MS. PADMAVATHY.S
आयकर अपीलीय अिधकरण, ’ ए’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI �ी यस यस िव�ने� रिव, �ाियक सद� एवं सु�ी पदमावती यस, लेखा सद� के सम# BEFORE SHRI SS VISWANETHRA RAVI, JUDICIAL MEMBER AND MS. PADMAVATHY.S, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No. 765/Chny/2026 िनधा$रण वष$/Assessment Year: 2017-18 Alagaiyadevar Chelladurai, Vs. Income Tax Officer, No.22, Prop Alagappa Blue Metals, Ward - 1, Pasupom Nagar, Tirunelveli. Sankar Nagar, Tirunelveli – 627 357. [PAN: AFRPC-1113-N] (अपीलाथ'/Appellant) (()थ'/Respondent) अपीलाथ' की ओर से / Appellant by : Mr. Y. Sridhar, FCA ()थ' की ओर से/Respondent by : Mr. L. Christopher Vasanth, JCIT सुनवाई की तारीख/ Date of hearing : 02.06.2026 घोषणा की तारीख /Date of Pronouncement 14.07.2026 : आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 23.12.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2017-18.
At the outset, it is noted that the assessee filed an appeal before the ld.CIT(A) with a delay of 339 days against the assessment order
2 ITA No. 765/Chny/2026 dated 23.03.2022 passed u/s. 147 r.w.s. 144 & 144B of the Income-tax
Act, 1961 (herein after “the Act”), wherein the ld.CIT(A) not satisfied with
the explanation offered by the assessee in condoning the delay, rejected
the delay condonation petition and dismissed the appeal in limine.
We find the reasons explained by the assessee were reproduced by
the ld.CIT(A) in para no.3.1 of the impugned order, wherein it was
contended the assessee reached out the help of professional (Auditor), but
the auditor failed to file appeal in time. The assessee genuinely believed
that the auditor has filed the appeal on his behalf and he realized that the
appeal was filed only after bank intimated him about the attachment
proceedings. We find that the ld.CIT(A) found the said explanation as not
acceptable and proceeded to dismiss the ground in limine, wherein the
ld.AR Shri.Y. Sridhar, FCA, prayed for one more opportunity if this Tribunal
is not directed the ld.CIT(A) to condone the delay, the assessee will be put
to hardship and agony as the assessment was completed, inter alia,
making addition u/s. 69A of the Act. He submits that the assessee is ready
to prosecute his case with relevant documentary evidences challenging the
action of AO in making addition u/s.69A of the Act.
The ld.DR, Shri. L. Christopher Vasanth, JCIT, opposed the same.
3 ITA No. 765/Chny/2026 5. Having considered the facts and circumstances relating the issue u/s.
69A of the Act, we see no assistance of assessee before the AO as well as
the ld.CIT(A), we found satisfied with the reasons explained to condone the
delay, therefore, we deem it proper to remand the matter to the file of the
ld.CIT(A) to consider the delay condonation petition, subject to payment of
cost of Rs.10,000/- in favour of the Tamil Nadu State Legal Services
Authority at Hon’ble High Court of Madras within 30 days from the date of
receipt of this order . The ld.CIT(A) shall satisfy the payment of cost and
condone the delay and adjudicate the issue on merits. 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. Order pronounced on 14th July, 2026 at Chennai.
Sd/- Sd/- (एस. पदमावती) (यस यस �व�वने� र�व) (S. PADMAVATHY) (SS VISWANETHRA RAVI) लेखा सद�य/Accountant Member �या�यक सद�य / Judicial Member
Chennai, Dated: 14.07.2026 JPV आदेश की (ितिलिप अ.ेिषत/Copy to:
4 ITA No. 765/Chny/2026 1. अपीलाथ'/Appellant, 2.()थ'/ Respondent, 3. आयकर आयु//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 14:04:50 +05'30'
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