KARUPPANNASAMAI RAJASEKARAN,DINDIGUL vs. ITO, NCW-1,, DINDIGUL
What did the Tribunal hold?
The tribunal condoned the 277-day delay in filing the appeal, acknowledging the assessee's explanation and the fact that the CIT(A) did not delve into the merits of the case. The appeal was set aside and remanded to the CIT(A) for readjudication.
What were the facts?
The assessee filed an appeal against an order that confirmed the assessment order due to non-compliance with statutory notices. There was a significant delay in filing the appeal before the tribunal, which the assessee attributed to unfamiliarity with electronic processes and learning about the order only upon initiation of recovery proceedings.
What were the issues?
Whether the delay in filing the appeal should be condoned and if the case should be remanded for readjudication on merits after the CIT(A) passed an ex-parte order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI ABY T VARKEY & SHRI AMITABH SHUKLA
Years: 2017-18 Karuppannasami Rajasekaran, The Income Tax, No.E3, Ishwaryam Apartments, Non-Corporate Ward-1, Block II, Gandhiji Nagar, Dindigul Trichy Road, Dindigul Tamil Nadu-624 005. [PAN: ASUPR2676M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee by : Mr. Anandd Babunath, CA प्रत्यर्थी की ओर से /Revenue by : Mr.R.Raghupathy, Addl. CIT सुिवाई की तारीख/Date of Hearing : 18.02.2025 घोर्णा की तारीख /Date of Pronouncement : 21.02.2025 आदेश / O R D E R PER AMITABH SHUKLA, A.M :
This appeal is filed by the assessee against the order bearing DIN & Order No.ITBA/NFAC/S/250/2023-24/1059195932(1) dated 29.12.2023 of the Learned Commissioner of Income Tax [herein after “CIT(A), National Faceless Appeal Center[NFAC], Delhi, for the assessment years 2017-18. Through the aforesaid appeal the assessee has challenged order u/s 250 dated 29.12.2023 passed by NFAC, Delhi.
Page - 1 - of 4 2.0 It has been noted that there is a delay of 277 days in the case, in filing of this appeal before the tribunal. In its affidavit the assesse has pleaded that the assesse is not conversant with electronic working of the tax authorities. It was also submitted that the assessee came to know of the order only upon initiation of recovery proceedings. All these activities contributed to the delay which was neither willful nor wanton. The assesse submitted that there will not be case of any non-compliance now. We have considered the justification put forth by the assesse and we are satisfied with their adequacy. We are also conscious of the fact that no litigant gains by intentionally delaying its own matters. The Ld. DR did not pose any serious objections to the delay. The Ld. DR however argued that cost be imposed upon the assessee for wasting the precious time of the judicial authorities. Accordingly, we hereby condone the delay and proceed to adjudicate this appeal. 3.0 At the outset the Ld. Counsel for the assesse informed that the Ld. First Appellate Authority has passed an ex-parte order thereby confirming the assessment order u/s 143(3) r.w. 147 dated 08.09.2021 and that the appeal was dismissed for non-compliance to statutory notices. It was pleaded that admittedly the compliance of the assessee before the lower authorities including Ld.CIT(A). The Ld. Counsel for the assesse pleaded for setting aside the case to Ld.CIT(A) and assured Page - 2 - of 4 that full compliance would now be made to the statutory notices of the Ld. CIT(A). 4.0 We have heard the rival submissions in the light of material available on records. It is trite law that no litigant benefits by non- prosecution of its case. We find sufficient force in the pleadings of the assesse as to why it could not prosecute its appeal before Ld CIT(A). We have also noted that apart from merely harping on the issue of non- compliance by the assesse the Ld. CIT(A) has not touched upon merits of the case. 5.0 We are therefore of the view that ends of justice would be met if the case is set aside to the file of the Ld. CIT(A) for readjudication after giving opportunities of being heard to the assesse and to pass a speaking order. The assesse shall be bound to comply to all the notices and details called by the Ld. CIT(A). Any non-compliance from the assesse side shall be adversely viewed. Accordingly, we set aside the order of the Ld. First Appellate Authority and direct him to readjudicate the matter de novo. We have also found sufficient force in the argument of the Ld. DR regarding wastage of time of judicial authorities by the non-compliance of the assessee. Consequently, this order is subject to payment of Rs.3000/- by the assessee to the Tamil Nadu Legal Services Authority of Hon’ble Madras High Court within 30 days of receipt of this order.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026