MR. ANTONY SUNNY, vs. THE COMMISSIONER OF INCOME TAX (APPEALS),
What did the High Court hold?
The High Court held that there was no violation of the principles of natural justice and that the appellate order did not suffer from any manifest infirmity or illegality. The Court found the reason provided by the assessee for the significant delay of 115 days in filing the appeal, i.e., 'website problem', to be unconvincing and unsubstantiated by any evidence. The Court also noted the assessee's failure to respond to several notices issued by the Commissioner of Income Tax (Appeals) during the pendency of the appeal. Consequently, the Court found no merit in the writ petition and dismissed it. The operative direction was the dismissal of the writ petition, upholding the appellate order.
What were the facts?
The petitioner, Mr. Antony Sunny, filed a writ petition challenging an order dated 10.11.2023 passed by the Commissioner of Income Tax (Appeals) (NFAC). This order upheld an assessment order dated 28.12.2018 for assessment year 2016-17. The Assessing Officer had added Rs. 60,00,000/- to the assessee's returned business income of Rs. 20,99,452/-, resulting in a gross income of Rs. 80,99,452/-. The assessee filed an appeal against the assessment order with a delay of 115 days, citing 'website problem' as the sole reason. Despite receiving notices on the assessment order and demand on 28.12.2018, and subsequent notices from the Appellate Authority between November 2022 and October 2023, the assessee failed to provide evidence for the delay or respond to the notices.
What were the issues?
1. Whether the Commissioner of Income Tax (Appeals) erred in dismissing the assessee's appeal on the ground of delay, contrary to the principles of natural justice, in light of the stated reason of 'website problem' for the delay in filing the appeal under Section 249 of the Income Tax Act, 1961? Assessee's Contention: The assessee contended that the dismissal of the appeal on grounds of delay violated the principles of natural justice and that the reason provided ('website problem') was sufficient. The assessee argued that the appellate order suffers from manifest infirmity or illegality. Revenue's Contention: The revenue, through the Standing Counsel, argued that the reason for the delay ('website problem') was not convincing and lacked supporting evidence. They also highlighted the assessee's failure to respond to multiple notices issued by the Appellate Authority, indicating a lack of diligence and engagement in the appellate process.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT
The present writ petition has been filed impugning the order in Exhibit P-6 dated 10.11.2023 passed in statutory appeal by the Commissioner of Income Tax (Appeals), Thrissur against the assessment order dated 28.12.2018 in Exhibit P-1 under Section 143 (3) of the Income Tax Act, 1961 in respect of the assessment year 2016-17. The Assessing Officers had added Rs. 60,00,000/- to the Income from business as returned Rs. 20,99,452/- and gross income has been determined to be Rs. 80,99,452/-.
The petitioner/assessee filed the appeal on 21.05.2019 against the assessment order dated 28.12.2018. The appeal was filed with delay of 115 days. The only reason for filing the appeal with delay was given is ‘website problem’. The assessment order and demand notices were duly served on the petitioner on 28.12.2018 itself. The Appellate Authority found the reasons for filing the appeal with huge delay of 115 days was not convincible. The petitioner failed to provide any evidence to the said reason (website problem). From 28.12.2018 to 27.01.2019. The petitioner was issued several notices
WP(C) NO. 8079 OF 2024 3 affording opportunity of hearing. The notices issued on 03.11.2022, 15.06.2023, 07.09.2023, 12.09.2023, 05.10.2023 and 25.10.2023 have been mentioned in the impugned order, which remained unreplied and unanswered. Considering the conduct of the petitioner and the reason given for filing the appeal with delay i.e. ‘website problem’, the Commissioner of Appeal has dismissed the appeal on the ground of delay.
This Court does not find that there has been violation of the principles of natural justice as contended by the learned Counsel for the petitioner nor the orders suffers from any manifest infirmity or illegality which requires this Court to interfere with the appellate order passed by the 1st respondent. Thus, this Court finds no merit in this writ petition and hence, the same is hereby dismissed. DINESH KUMAR SINGH JUDGE Svn
WP(C) NO. 8079 OF 2024 4
Appendix — schedule of exhibits
More judgments on Section 249
- Sanjay Mishra, Rewa vs Income Tax Officer Ward-1, RewaITA 82/JAB/2025[2013-14]Status: Disposed6 Oct 2026AY 2013-14
- Assistant Commissioner of Income Tax… vs M/S. Kalindi Ispat Pvt. Ltd., BilaspurITSSA 22/JAB/2018[2014-15]Status: Disposed6 Oct 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs M/S. Kalindi Ispat Pvt. Ltd., BilaspurITSSA 21/JAB/2018[2013-14]Status: Disposed6 Oct 2026AY 2013-14
- Assistant Commissioner of Income Tax… vs M/S. Kalindi Ispat Pvt. Ltd., BilaspurITSSA 17/JAB/2018[2009-10]Status: Disposed6 Oct 2026AY 2009-10
- Sanjay Mishra, Rewa vs Income Tax Officer Ward-1, RewaITA 82/JAB/2025[2013-14]Status: Disposed6 Oct 2026AY 2013-14
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