RITURAJ TIWARI,JHANSI vs. ITO, CIVIL LINES
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal due to the assessee's critical illness. The matter was restored to the Assessing Officer for fresh adjudication on merits, with a direction for the assessee to cooperate.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed ex-parte due to non-compliance with notices. The assessee then filed a second appeal before the ITAT with a significant delay, citing critical illness.
What were the issues?
Whether the delay in filing the appeal should be condoned due to illness, and whether the ex-parte order passed by the CIT(A) should be set aside.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA(DB
Before: SUNIL KUMAR SINGHBRAJESH KUMAR SINGH
IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA(DB) BENCH, AGRA BEFORE : SUNIL KUMAR SINGH, JUDICIAL MEMBER BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No. 489/Agr/2026 Assessment Year: 2012-13 Rituraj Tiwari, Vs. ITO, Ward 2(3)(2), Aaykar 1290/1 Near Alpine Public School, Bhawan, Civil Lines, Jhansi-284003 Jhansi-284001 PAN :AERPT9938H (Appellant) (Respondent) Assessee by Ms. Shivi, AR Department by Shri Anil Kumar, Sr (DR) Date of hearing 07.07.2026 Date of pronouncement 07.07.2026 ORDER PER:SUNIL KUMAR SINGH, JUDICIAL MEMBER
This appeal is directed against the impugned order dated 09.05.2025 passed in appeal No CIT(Appeal) 2, Agra/10938/2019-20 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. 2012-13, wherein ld CIT(A) has dismissed assessee’s appeal ex-parte, determining the total income of the assessee at Rs. 62,64,149/-, vide assessment order dated 06.12.2019 passed u/s 148/144 of the Act.
ITA No.489/Agr/2026
We have heard both the parties and perused the material available on record. 3. We notice that the assessee filed this second appeal on 29.05.2026 against the impugned order dated 09.05.2025 by a delay of about 302 days. The reasons mentioned in the application for condonation of delay are that, the assessee was critically ill and was undergoing treatment from 01.01.2023 to 15.01.2026 during the first appellate proceedings and was not informed regarding the impugned order. Affidavit has been filed by the assessee in support of delay condonation application. The aforesaid reasons supported with uncontroverted affidavit are sufficient. We deem it just and proper to condone the said delay in filing this appeal. The delay is accordingly condoned. The appeal is admitted for hearing. 4. It transpires form the perusal of records that several notices on various dates were issued by the first appellate authority to the assessee. However, the assessee did not respond in compliance thereof. The ld CIT(A) was thus compelled to pass ex-parte impugned order. It is further noticed that during the assessment proceedings also the assessee did not respond to the notices served by the Assessing Officer. The non-cooperative conduct of the assessee cannot be appreciated. However, in the interest of justice, we deem it just and
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ITA No.489/Agr/2026
appropriate to restore the matter back to the file of ld AO for fresh adjudication on merits. We, further, direct the assessee to be diligent and cooperative in attending the hearings and making submissions before the ld AO for the expeditious and effective disposal. Needless to say that ld AO shall ensure the observance of the principles of natural justice. The appeal is liable to be allowed for statistical purposes. 5. In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the Open Court on- 07.07.2026
Sd/- Sd/- (BRAJESH KUMAR SINGH) (SUNIL KUMAR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 09.07.2026 *AS, PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra
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