GURUSAMY SANJEEVIKUMAR,ARIYALUR vs. ITO WARD 3, VIRUDHUNAGAR

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ITA 2318/CHNY/2025Status: DisposedITAT Chennai24 October 2025AY 2022-23Bench: SHRI M. BALAGANESH (Accountant Member), SHRI S.S. VISWANETHRA RAVI (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal directed the Ld.CIT(A) to condone the delay, admit the appeal, and decide the disputes on merits after giving the assessee a reasonable opportunity of being heard and allowing them to furnish fresh evidence or additional grounds.

What were the facts?

The assessee filed an appeal before the Ld.CIT(A) with a delay of 375 days after coming to know about the assessment order only when recovery proceedings began. The Ld.CIT(A) dismissed the appeal as not maintainable without condoning the delay.

What were the issues?

Whether the Ld.CIT(A) erred in not condoning the delay in filing the appeal and dismissing it on maintainability grounds.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI M. BALAGANESH & SHRI S.S. VISWANETHRA RAVI

Hearing: 23.10.2025

सुनवाईकीतारीख/Date of Hearing : 23.10.2025 घोर्णाकीतारीख/Date of Pronouncement: .10.2025 आदेश /O R D E R

PER M. BALAGANESH, AM :

1.

This appeal by the Assessee is filed against the order of the learned Commissioner of Income Tax (Appeal), NFAC, Delhi (in short Ld.CIT(A) for the assessment years 2022-23, vide order dated 25.06.2025. ITA. No:2318/Chny/2025 2.0 We find that the assessee was employed in Ariyalur near Trichy whereas the notice was served in his Virudhunagar residence. It was pleaded that wife of the assessee was ill and parents of the assessee are illiterate. Accordingly the notice served in Virudhunagar residence stood un-complied by the assessee. The assessee was not even aware about the assessment order being framed on 12.03.2024. The assessee came to know only when recovery proceedings had started and immediately filed the appeal before the Ld.CIT(A) with a delay of 375 days. The Ld.CIT(A) had not condoned the delay and dismissed the appeal as not maintainable. Hence we deem it fit and appropriate, in the interest of substantial justice, to direct the Ld. CIT(A) to condone the delay , admit the appeal of the assessee for adjudication and decide the disputes raised thereon in accordance with law. Needless to mention that the assessee be given reasonable opportunity of being heard. The assessee is at liberty to furnish fresh evidences, if any, and additional ground, if any, in support of its contentions. With these observations, the grounds raised by the assessee are allowed for statistical purposes by restoring the file to the Ld.CIT(A).

ITA. No:2318/Chny/2025 3.0 In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the court ,October, 2025 at Chennai.

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