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Facts
The assessee's appeal was filed 330 days late due to the assessee suffering from chronic 'Non-Specific Polyarthritis' and being bed-ridden, making them unaware of hearing notices and the order. The assessee contended that the appeal was dismissed ex-parte without considering merits.
Held
The Tribunal condoned the delay of 330 days, stating that the assessee was prevented from filing the appeal within the stipulated time due to their medical condition. The matter was remitted back to the ld. Addl./JCIT(Appeals) for fresh disposal.
Key Issues
Whether the delay in filing the appeal is to be condoned due to the assessee's medical condition, and whether the appeal should be decided on merits after providing an opportunity.
Sections Cited
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Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA
Before: Shri Duvvuru RL Reddy, Vice-(KZ)
Assessment Year: 2017-2018 Rajib Kumar Das,……………………...………Appellant Senhaty Colony, Bishnupur, Bankura-722122, West Bengal [PAN:AQDPD7255K] -Vs.- Income Tax Officer,……………………….…..Respondent Ward-3(1), Bankura, Income Tax Building, Kenduadihi, Bankura-722102, West Bengal Appearances by: Shri Manoj Kataruka, A.R., appeared on behalf of the assessee Shri Susanta Saha, Addl. CIT, Sr. D.R., appeared on behalf of the Revenue Date of concluding the hearing: June 25, 2025 Date of pronouncing the order: June 26, 2025 O R D E R
The present appeal is directed at the instance of assessee against the order of ld. Addl./Joint Commissioner of Income Tax (Appeals)-12, Mumbai dated 22nd February 2024 passed for Assessment Year 2017-18.
The appeal is time barred by 330 days in filing the appeal by the assessee. However, the assessee filed an affidavit dated 22nd (A.Y. 2017-2018) Rajib Kumar Das March, 2025 in support of condonation of delay saying that he has been suffering from chronic ‘Non-Specific Polyarthritis’ and is undergoing treatment and unable to do normal activities and could not walk properly and bed-ridden for a long period of time, therefore, he was not aware of any notices of hearing and the order passed by the ld. Addl./JCIT(Appeals). When the assessee came to know about the order passed by the ld. Addl./JCIT(Appeals), the assessee approached the ld. A.R. to prefer an appeal, due to that there was a delay of 330 days in filing the appeal before the Tribunal. Therefore, he pleaded to condone the delay.
Considering the facts and circumstances of the case, I am of the view that the assessee was prevented in filing the appeal within the stipulated time. Therefore, I am inclined to condone the delay of 330 days. Hence the delay is condoned.
The contention of the ld. Counsel for the assessee is that the ld. Addl./JCIT(Appeals) dismissed the appeal of the assessee ex- parte without going into the merit of the case. He further submitted that the assessee is bed-ridden for a long period of time and was not aware of the date of hearing before the ld. Addl./JCIT(Appeals) as he mentioned in the form of affidavit. Therefore, the assessee was not in a position to appear before the ld. Addl./JCIT(Appeals).
On the other hand, ld. Departmental Representative submitted that sufficient opportunity was being provided to the assessee but the assessee failed to appear before the ld. CIT(Appeals). Therefore, the ld. Addl./JCIT(Appeals) has no other
I have heard both the sides and perused the material available on record. The ld. Counsel for the assessee filed an affidavit mentioning the reasons for delay in filing the appeal before the ITAT. Therefore, in order to ensure the principle of natural justice, I am of the view that it is a fit case to provide one more opportunity to the assessee. Therefore, I remit the matter back to the file of ld. Addl./JCIT(Appeals) with a direction to dispose of the appeal without any inference on the observations of earlier order passed by him. At the same breath, I also hereby caution the assessee to promptly co-operate with the proceedings before the ld. Addl./JCIT(Appeals) failing which the Ld. Addl./JCIT(Appeals) shall be at liberty to pass appropriate order in accordance with law and merits of the case, based on the materials available on the record. Thus, the grounds raised by the assessee in the appeal are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 26/06/2025.