BAJIRAO BHASKAR DAVKHAR,NASHIK vs. ITO, WARD 2(1), NASHIK, NASHIK
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals before the CIT(A) by finding sufficient cause. The Tribunal then remitted the matters back to the CIT(A) to decide the issues on merits.
What were the facts?
The assessee filed appeals before the CIT(A) with a significant delay. The CIT(A) dismissed the appeals without condoning the delay and without adjudicating on the merits of the case.
What were the issues?
Whether the delay in filing appeals before the CIT(A) was justifiable, and if so, whether the CIT(A) should have adjudicated the appeals on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCHES “A”, PUNE
Before: DR. MANISH BORAD & SHRI PAVAN KUMAR GADALE
आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeals at the instance of assessee pertaining to A.Yrs.2016-17 to 2018-19 are directed against the separate orders dated 22.12.2025 framed by the National Faceless Appeal Centre, Delhi arising out of respective Penalty orders passed u/s.270A of the Income Tax Act, 1961 (in short ‘the Act).
At the outset, ld. Counsel for the assessee submitted that there was delay of 188 days/189 days in filing of appeals before ld.CIT(A) and ‘reasonable cause’ exists for not presenting the appeals within the stipulated time limit for the aforementioned assessment years and ld.CIT(A) dismissed the assessee’s appeals by not condoning the delay. He therefore stated that the delay is not intentional and prayed for condoning the delay and affording one more opportunity to go before ld.CIT(A).
We have heard the rival submissions and perused the record placed before us. It is not in dispute that ld.CIT(A) has dismissed the instant assessee’s appeals by not condoning the delay and has also not dealt with merits of the case. We have carefully gone the reasons for delay in filing of the appeals before ld.CIT(A) and upon a comprehensive appraisal of the facts, we find that the delay cannot be attributed either to deliberate inaction or to any lack of bona fides on the part of the assessee. The circumstances explained demonstrate that the default occurred due to reasons beyond the assessee's control and not on account of any negligence, or want of diligence. In our considered view, assessee has satisfactorily established the existence of "sufficient cause" for the delay in preferring the appeal before the First Appellate Authority. Adopting justice oriented approach and placing reliance on the judgments of Hon’ble Apex Court in the case of Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors. reported in (1987) 2 SCC 107 and in the case of Inder Singh Vs. State of Madhya Pradesh judgment dated 21.03.2025 (2025 INSC 382), we condone the delay in filing of the appeals for the impugned assessment years under appeal before ld.CIT(A).
So far as the issues raised in the instant appeals are concerned since ld.CIT(A) has not dealt with the same, we in the larger interest of justice are inclined to remit back the issues raised in the instant appeals to the file of ld.CIT(A) to adjudicate the issues on merits as contemplated u/s.250(6) of the Act. Needless to mention that ld.CIT(A) in the set aside proceedings shall afford reasonable opportunity to the assessee. Assessee is directed to provide updated email id and contact detail to the department for receiving the notices from ITBA portal. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Impugned orders for the assessment years under appeals are set aside and the effective grounds of appeal raised by the assessee in these three appeals are allowed for statistical purposes.
In the result, all the three appeals of the assessee are allowed for statistical purposes.
Order pronounced on this 24th day of August, 2026.
Sd/- Sd/- (PAVAN KUMAR GADALE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; दिन ांक / Dated : 24th August, 2026. Satish
Satish Digitally signed by Satish Kumar Kumar Madishetty Date: 2026.08.27 Madishetty 11:54:31 +05'30'
आदेश की प्रतिलिपि अग्रेपिि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The Pr. CIT concerned. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, “A” बेंच, 4. पुणे / DR, ITAT, “A” Bench, Pune. ग र्ड फ़ इल / Guard File. 5.
आिेश नुस र / BY ORDER,
// True Copy // Assistant Registrar, आयकर अपीलीय अधिकरण, पुणे / ITAT, Pune.
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