SANGEETA MADHUSUDAN BHUSRATH,MUMBAI vs. INCOME TAX OFFICER, MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal condoned the delay after finding sufficient cause. The matter was restored to the Assessing Officer for de novo adjudication, with directions to consider all evidence and afford a reasonable opportunity of being heard.
What were the facts?
The assessee's appeal was filed with a significant delay of 729 days due to a medical emergency. The revenue authorities, including the AO and CIT(A), passed ex parte orders as the assessee could not appear.
What were the issues?
Whether the delay in filing the appeal is condonable? Whether the matter should be set aside for fresh adjudication given the ex parte orders?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “F”, MUMBAI
Before: SHRI NARENDRA KUMAR BILLAIYA & SHRI ANIKESH BANERJEE
The instant appeal of the assessee filed against the order of the National Faceless Appeal Centre (NFAC), Delhi [for brevity, ‘Ld.CIT(A)’] passed under section 250 of the Income-tax Act, 1961 (in shot, ‘the Act) for the Assessment Year 2012- 13, date of order 20/03/2023. The impugned order emanated from the order of
The Registry has reported that the present appeal has been filed with a delay of 729 days. The assessee has moved a petition for condonation of delay accompanied by an affidavit dated 31.08.2025, which is placed in the paper book at APB pages 3 to 14. In the said affidavit, the assessee has explained that due to a medical emergency, she was prevented by sufficient cause from filing the appeal within the prescribed time, which resulted in the delay. The Ld. DR, though heard, has not raised any serious objection to the explanation tendered by the assessee. In our considered view, the explanation advanced by the assessee constitutes sufficient cause for the delay in filing the appeal. In the interest of substantial justice, the delay of 729 days in filing the appeal is hereby condoned. Accordingly, the appeal is admitted and taken up for adjudication on merits.
We find that the assessee has duly explained that, owing to a medical emergency, she was prevented from appearing before the revenue authorities. Consequently, both the Ld. AO and the Ld. CIT(A) proceeded to pass their respective orders ex parte. The Ld. AR has, therefore, prayed that the matter be restored to the file of the Assessing Officer for de novo adjudication. The Ld. DR, while supporting the orders of the revenue authorities, did not raise any serious objection to the prayer made by the Ld. AR.
Sangeeta Madhusudan Bhusrath 5. We have heard the rival submissions and perused the material available on record. We find that there is a sufficient cause with the assessee for not appearing before the revenue authorities, which led to passing their orders exparte, without considering the merit of the case. We restore the matter to the file of the Ld. AO. The assessee is directed to furnish the proper documents before the Ld. AO. The Ld. AO is directed to consider all documentary evidence and submissions to be filed by the assessee and hearing the matter afresh in accordance with law after affording a reasonable opportunity of being heard. We make it clear that we have not expressed any opinion on the merits of the case, so as not to cause prejudice in the proceedings before the assessing authority. It is further directed that the assessee shall diligently cooperate in the set-aside proceedings to facilitate expeditious disposal of the set aside assessment.
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