LATE CHINNASAMY,COIMBATORE vs. ITO, NCW-3(1), COIMBATORE
What did the Tribunal hold?
The Tribunal found that the additions made by the AO required assistance from the assessee. Since no assistance was provided before the CIT(A), the matter was remanded.
What were the facts?
The assessee's appeal before the CIT(A) was filed with a delay of 2 days due to the accountant's pre-occupation. The CIT(A) dismissed the appeal in limine without considering the merits.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) should be condoned and the appeal should be adjudicated on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
आदेश/O R D E R
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 29.01.2026 passed by the ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [‘ld.CIT(A)’ in short] for Assessment Year 2022-23.
2 I.T.A. I.T.A. No.776/Chny/2026 I.T.A. I.T.A. No.776/Chny/2026 No.776/Chny/2026 No.776/Chny/2026
At the outset, it is noted that the Assessing Officer [‘AO’ in short]
passed an assessment order on 15.03.2024 determining the total income
of the assessee at Rs.1,77,01,510/- as against the returned income of
Rs.3,64,010/-, inter alia, making the disallowances u/s. 54B of the
Income-tax Act, 1961 [‘the Act’ in short] and u/s. 69 of the Act on account
of unexplained investment. The assessee preferred an appeal before the
ld.CIT(A) on 15.04.2024 with a delay of 2 days. The ld.CIT(A) referred
the reasons explained by the assessee from Para no.4 to 6 of the
impugned order. The assessee explained the said delay of 2 days was
due to the Accountant engaged with various time barring assessment
proceedings and for his pre-occupation, the appeal could not be filed in
time before the ld.CIT(A). The said explanation was not found acceptable
to the ld.CIT(A) and dismissed the appeal inlimine.
Admittedly, the AO made an addition of two disallowances on
account of 54B of the Act and 69 of the Act, which requires in our opinion
assistance from the assessee. Since there was no assistance before the
ld.CIT(A), we deem it appropriate to remand the matter to the file of the
ld.CIT(A) to condone the delay of 2 days and adjudicate the issue on
merits. The assessee is liberty to file evidences, if any, in support of the
3 I.T.A. I.T.A. No.776/Chny/2026 I.T.A. I.T.A. No.776/Chny/2026 No.776/Chny/2026 No.776/Chny/2026
claim and assessee represented by his legal heir shall appear before the
ld.CIT(A) without fail. Thus, grounds raised by the assessee are allowed
for statistical purposes.
In the result, appeal filed by the assessee is allowed for statistical
purposes.
Order pronounced on 29th April, 2026 at Chennai.
Sd/- Sd/- (S.R. RAGHUNATHA) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated : 29.04.2026 JPV आदेशकी'ितिलिपअ.ेिषत/Copy to: 1. अपीलाथ&/Appellant, 2.'(थ&/ Respondent, 3. आयकरआयु//CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय'ितिनिध/DR & 5. गाड$ फाईल/GF.
PRASANNA Digitally signed by PRASANNA VANI JETTY VANI JETTY Date: 2026.05.04 10:38:25 +05'30'
More judgments on Section 54B
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