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Facts
The appeal by the assessee was preferred against the order dated 26/05/2023 by NFAC, Delhi, pertaining to AY 2013-14. The appeal was barred by limitation, with the assessee claiming to be prevented by reasonable cause for not filing on time.
Held
The Tribunal found that the notices from the CIT(A) were sent to employees who had left the job, preventing attendance. The Tribunal condoned the delay, granted a second opportunity, and remitted the matter back to the CIT(A) for a fresh decision.
Key Issues
Whether the delay in filing the appeal can be condoned due to reasonable cause? Whether the assessee deserves a second opportunity for a fresh hearing by the CIT(A)?
Sections Cited
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Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI NARENDRA KUMAR BILLAIYA, HON’BLE & SHRI SANDEEP SINGH KARHAIL, HON’BLE
आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is preferred against the order dt. 26/05/2023 by NFAC, Delhi [hereinafter “the ld. CIT(A)”] pertaining to AY 2013-14.
The appeal is barred by limitation. The learned D/R strongly objected for the condonation of delay and the ld. Counsel for the assessee vehemently stated that the assessee was prevented by reasonable cause for not filing the appeal on time. In his petition, supported by an affidavit the assessee has mentioned facts which caused the delay in filing the appeal. We have carefully considered the contents of the affidavit. We find that the assessee was prevented by reasonable and sufficient cause for not filing the appeal on time.
2 3. On perusal of the order of the ld. CIT(A), we find that though the notices were issued by the ld. CIT(A) but the same were sent to the email address of the employees who have left the job. Therefore, the proceedings before the ld. CIT(A) could not be attended. Before us, the ld. Counsel for the assessee assured that if given a second opportunity, the assessee will furnish all the necessary details/evidence in support of its contentions. We are of the considered view that the assessee deserves a second opportunity. Therefore, we remit the matter to the file of the ld. CIT(A). The assessee is directed to attend the appellate proceedings and furnish all the necessary evidence and the ld. CIT(A) is directed to decide the issues afresh after affording reasonable and adequate opportunity of being heard to the assessee.