KONCEPT MARKTRADE PRIVATE LIMITED,DELHI vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, DELHI

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ITA 960/DEL/2026Status: DisposedITAT Delhi07 July 2026AY 2022-234 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal before the NFAC, finding sufficient cause due to the director's health issues. The NFAC's order dismissing the appeal as time-barred was set aside, and the matter was restored to the NFAC for a decision on merits.

What were the facts?

The assessee filed a return of income, but did not comply with notices issued by the Assessing Officer, leading to an ex-parte assessment. The assessee then filed a time-barred appeal before the NFAC, which was dismissed. The assessee appealed this dismissal to the ITAT.

What were the issues?

Whether the delay in filing the appeal before the NFAC was sufficiently explained and should have been condoned. The primary issue is the procedural aspect of the appeal being time-barred.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144B,Section 142(1),Section 270

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘H’, NEW DELHI

Before: SH. SUDHIR KUMAR & SH. MANISH AGARWAL

For Respondent: Shri Sandeep Tripathi, Sr. DR
Hearing: 23/06/2026Pronounced: 23/06/2026

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’, NEW DELHI

BEFORE SH. SUDHIR KUMAR, JUDICIAL MEMBER AND SH. MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.960/Del/2026 Assessment Year: 2022-23 Koncept Marktrade Private Vs. Assessment Unit Income Limited Tax Department 2ND Khasra No. 264 Alipur Tata FLOOR, 3-Ramp, DharamKanta Mungeshpur Jawaharlal Nehru Stadium, Village Delhi-110039 New Delhi – 110 003 PAN NO. AADCK9219M (APPELLANT) (RESPONDENT)

Appellant by None Respondent by Shri Sandeep Tripathi, Sr. DR

Date of hearing: 23/06/2026 Date of Pronouncement: 23/06/2026 ORDER PER SUDHIR KUMAR, JUDICIAL MEMBER:

This appeal is preferred by the assessee against the order

dated 28.11.2025 of the National Faceless Appeal Centre (NFAC)

Delhi [hereinafter referred to as “Ld. NFAC)”] passing against

the assessment order dated 27.03.2024 for the assessment year

2022-23 u/s 143(3) r.w.s. 144B of the Income Tax Act

1961[hereinafter referred to as “the Act”].

2.

The brief facts of the case are that the assessee filed his

return of income for the A.Y.2022-23 on 29-12-2022 declaring

total income 35,77,933/-. Notice under section 143(2) of the Act

was issued on 02-06-2023 and subsequently notices under

sections 142(1) of the Act were issued on various dates. The

case of the assessee was selected under CASS for verify the

reason that directors in the company are wither directors in a

company whose registration has been cancelled by MCA. The

assessee did not comply the notices issued by the department.

The Assessing Officer completed the assessment exparte and

assessed the income of the assessee at Rs. 1,84,68,552/-.

Penalty proceedings under section 270 of the Act also initiated

against the assessee. Aggrieved the order of the Assessing

Officer, the assessee filed the time barred appeal before the Ld.

NFAC who vide his order dated 28-11-2025 dismissed the

appeal treated as time barred. The Ld. NFAC has observed that

the assessee has not been able to demonstrate the sufficient

cause existed for non-filing the appeal within due time.

3.

Aggrieved the order of the Ld. NFAC the assessee filed this

appeal before the Tribunal.

4.

None is present for assessee. Ld. Sr. DR submitted that no

sufficient cause has been shown by the assessee for condone

the delay in filling the appeal. He further stated that the appeal

was rightly dismissed by the Ld. NFAC.

5.

We have heard the Ld. Sr. Dr and perused the material

available on record.

6.

The assessee has filed the application for condonation the delay in filing the appeal. In the application the assessee has stated that the delay occurred due unforeseen circumstances particularly unforeseen health issue of the director Shri Piyush Garg. In the condonation application the assessee has shown the sufficient cause not to file the appeal with in time. The Ld. NFAC should have condoned the delay in filing the appeal and should have heard the appeal on merit because the assessee has shown the sufficient cause not to file the appeal with in time. Thus, keeping in view, the entire aspects of the matter, we 3

condoned the delay in preferring the appeal before the Ld. NFAC having been satisfied with the explanation so rendered by the assessee before the said authority. The order passed by the Ld. NFAC is setting side, the issue to the file is restored before the Ld. NFAC who decide the matter to the file after giving the opportunity of being heard to the assessee. The assessee is directed to co-operate with the appellate authority. The grounds raised by the assessee are accordingly allowed for statistical purposes. 7. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 23.06.2026.

Sd/- Sd/- (MANISH AGARWAL) (SUDHIR KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER SR BHATNAGGAR Date 07.07.2026 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) ` 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI

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