KONCEPT MARKTRADE PRIVATE LIMITED,DELHI vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, DELHI
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?
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
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”].
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.
Aggrieved the order of the Ld. NFAC the assessee filed this
appeal before the Tribunal.
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.
We have heard the Ld. Sr. Dr and perused the material
available on record.
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
More judgments on Section 144B
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
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- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2124/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
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