CHANDER HAS BHATIA,KARNAL vs. ITO WARD 1, KARNAL
What did the Tribunal hold?
The Tribunal condoned the delay of 42 days, finding the assessee's explanation to be without malafides. The impugned order of the CIT(A) was set aside, and the matter was restored for a fresh decision.
What were the facts?
The assessee filed an appeal before the CIT(A) with a delay of 42 days. The CIT(A) dismissed the application for condonation of delay and the appeal itself. The assessee's reason for delay was being busy during the wheat season and not logging into the portal.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) should be condoned based on the assessee's explanation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “G”, NEW DELHI
Before: SHRI VIMAL KUMAR
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”, NEW DELHI SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND BEFORE SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No. 4586/Del/2026, A.Y. 2015-16 Chander Has Bhatia Vs. Income Tax Officer, W. No. 10, Ward-1, PUNJAB COLONY, Karnal Indri S. O., Indri KARNAL Haryana �थायीलेखासं./जीआइआरसं./PAN/GIR No: ANYPB9273D Appellant .. Respondent Appellant by : Sh. Vijay Kumar Singla & Ms. Airik Singla, Adv. Respondent by : Shri Raghuveer Singh, Sr. DR Date of Hearing 29.06.2026 Date of Pronouncement 29.06.2026
O R D E R PER VIMAL KUMAR, JM: The appeal filed by the assessee is against the order dated 17.03.2026 of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [hereinafter referred to as “the CIT(A)”] u/s 250 of the Income Tax Act, 1961 (hereinafter referred
P a g e | 2 ITA No. 4586/Del/2026 Chander Has Bhatia
to as “the Act”) arising out of assessment order dated 07.03.2024 for A.Y. 2015-16.
Ld. Authorized Representative for appellant/assessee submitted that Ld. CIT(A) erred in dismissing application for condonation of delay of 42 days in filing appeal. Ld. CIT(A) failed to appreciate that appellant/assessee was busy inwheat season and did not login Portal.
Ld. Departmental Representative relied on impugned order.
From examination of record in light of aforesaid rival contention, it is crystal clear that Ld. CIT(a) vide order dated 17.03.2026 dismissed application for condonation of delay of 42 days in filing appeal and appeal of the assessee. The assessee had pleaded that due to his occupation inwheat season, he could not login Portal and was not aware of the impugned order. The explanation does not smack of malafides as the appellant/assessee had not gained anything by not filing the appeal earlier. Therefore, the delay of 42 days in filing appeal before Ld. CIT(A) is condoned.
In view of above material facts, in interest of justice, impugned order dated 17.03.2026 of Ld. CIT(A) is set aside and matter is restored to the file of Ld.
P a g e | 3 ITA No. 4586/Del/2026 Chander Has Bhatia
CIT(A) for afresh decision in accordance with law after affording fair opportunity of hearing to the appellant/assessee.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open court on 29.06.2026
Sd/- Sd/- (RAMIT KOCHAR) (VIMAL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 06.07.2026 Binita, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI
Recent GST High Court judgments
Search GST case law →- Jashim Uddin vs. The State Of Assam And 5 OrsGauhati · 1 Nov 2026
- Mohammed Khadeer Baig vs. The State Of Andhra PradeshAndhra Pradesh · 1 Nov 2026
- Shree Hanumant Steel Traders vs. Assistant CommissionerChhattisgarh · 1 Nov 2026
- V3 Enterprises PVT LTD vs. The State Of ApAndhra Pradesh · 1 Nov 2026
- Zenith Metaplast(P) Limited vs. The State Of Andhra PradeshAndhra Pradesh · 1 Nov 2026