ANITA HANUMAN NIKODE,NAGPUR vs. ITO WARD-2, CHANDRAPUR
What did the Tribunal hold?
The tribunal found that the reasons provided by the assessee for the delay were sufficient. The NFAC erred by not condoning the delay and passing an order on merits. The impugned order was set aside.
What were the facts?
The assessee's appeal was filed with a significant delay of 730 days. The National Faceless Appeal Centre (NFAC) passed an order without condoning this delay. The assessee believed penalty proceedings had become infructuous after the quantum appeal was set aside.
What were the issues?
Whether the delay in filing the appeal should have been condoned by the NFAC. Whether the NFAC erred in passing an order without addressing the delay.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR BENCH :: NAGPUR
Before: SHRI ANUBHAV SHARMA & SHRI KHETTRA MOHAN ROY
PER ANUBHAV SHARMA, JM:
This appeal filed by the assessee is directed against the order of Ld. Commissioner of Income Tax (Appeals) (for short, “CIT(A)”), dated 22/08/2025 passed under section 250 of the Income Tax Act, 1961 (for short, “Act”), for the Assessment Year (AY) 2021-22.
ITA No. 639/NAG/2025 (Anita Hanuman Nikode)
On hearing both the sides, we find that the impugned order has been passed by the National Faceless Appeal Centre, Delhi, without condoning the delay of 730 days.
Ld. DR has submitted that delay was not sufficiently explained and there is no error in the order of National Faceless Appeal Centre, Delhi.
We find that in para 1.2, National Faceless Appeal Centre, Delhi, has reproduced the affidavit of the assessee in which reasons were cited for delay and considering the same and the submissions of Ld. Counsel, we find that the assessee was under an impression that as quantum appeal has been challenged and on 08.10.2024. Ld. CIT(A) had passed an order setting aside the assessment order to Assessing Officer and penalty proceedings under Section 270A had become infructuous. The Assessee had not filed appeal against the impugned penalty order under Section 27(A)(1)(d) of the Act.
We find that the assessee is an individual and the reasons which were mentioned in the affidavit, were 2
ITA No. 639/NAG/2025 (Anita Hanuman Nikode)
sufficient to benefit the assessee, however National Faceless Appeal Centre, Delhi, had failed to condone the delay.
In the light of the aforesaid facts and circumstances we set aside the impugned order of NFAC and restore the issues on merits to the files of Ld. CIT(A) to give afresh opportunity of hearing to the assessee and pass an order afresh.
The appeal of the assessee is allowed for statistical purposes.
Order pronounced in open Court on 16.06.2026 Sd/– Sd/– ANUBHAV SHARMA KHETTRA MOHAN ROY ACCOUNTANT MEMBER JUDICIAL MEMBER Nagpur: Dated: 16/06/2026 Z.U, P.S Copy to: 1. The Assessee 2. The Revenue 3. The Pr.CIT concerned. 4. The DR, ITAT, Nagpur 5. Guard file. By order
Sr.PS/PS ITAT, Nagpur
More judgments on Section 270A
- Kamleshkumar Somalal Bhatt, Himatnagar vs Income Tax Ofifcer, Ward 1, HimatnagarITA 2130/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Kkg Associates, Visakhapatnam vs Income Tax Officer, Ward - 2(1)…ITA 345/VIZ/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Shamsunder Pritesh Malode, Hyderabad vs ACIT, Circle-12(1), HyderabadITA 399/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Rama Naidu Gutha, Anantapur vs ITO, Ward -1, AnantapurITA 1895/HYD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
Latest GST High Court judgments
Search GST case law →- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Venkadeswara Grill Works vs. The Joint Commissioner (St)Madras · 16 Oct 2026
- Mufti Clothing And Co vs. The Assistant Commissioner (St)Madras · 16 Oct 2026