HUKAM SINGH,GURGAON vs. INCOME TAX OFFICER, GURGAON

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ITA 739/DEL/2025Status: DisposedITAT Delhi05 May 2025AY 2017-18Bench: SHRI MAHAVIR SINGH, HON'BLE (Vice President)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT condoned the 18-day delay in filing the appeal before the CIT(A). The matter was remitted back to the Assessing Officer for a fresh decision on the merits, instructing that adequate opportunity of being heard be provided to the assessee.

What were the facts?

The Assessing Officer passed an ex parte assessment order under Section 147 read with Section 144. The CIT(A) dismissed the assessee's subsequent appeal due to an 18-day delay in filing, without adjudicating the merits of the case.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal solely on grounds of delay without considering the merits, and whether the case should be remanded for a fresh decision.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC’’ : NEW DELHI

For Respondent: Shri Shyam Manohar Singh, Sr. DR
Hearing: 05.05.2025Pronounced: 05.05.2025

Asstt. Year : 2017-18 HUKAM SINGH, VS. INCOME TAX OFFICER, VILLAGE SILOKHARA, WARD 1(4), GURGAON, HARYANA HARYANA (PAN: AIEPC3439K) (Appellant) (Respondent) Appellant by : None Respondent by : Shri Shyam Manohar Singh, Sr. DR. Date of Hearing 05.05.2025 Date of Pronouncement 05.05.2025 ORDER This appeal by the assessee is emanating from the order of the NFAC, Delhi in Appeal No. ITBA/NFAC/S/250/2024-25/1071027927(1) order dated 09.12.2024.

2.

None appeared on behalf of the assessee, despite issue of notice for hearing, hence, I am proceeding exparte qua the assessee, after hearing the Ld. DR and perusing the records.

3.

I have heard the Ld. DR and perused the records. It is noted that in this case AO has passed the exparte assessment order u/s. 147 read with section 144 and Ld. CIT(A) has dismissed the appeal of the assessee on account of delay of 18 days in filing the appeal before him due to new Chartered Accountant of the assessee and even otherwise, the Ld. CIT(A) has not decided the appeal on the merits of the case. In view of the factual matrix and in the interest of justice, I first condone the delay in dispute before the Ld. CIT(A) and accordingly, remit back the issues in dispute to the file of the Assessing Officer with the directions to decide the same afresh, after giving adequate opportunity of being heard to the assesee. Assessee is also directed to fully cooperate with the Assessing Officer during the proceedings before him.

4.

In the result, the Assessee’s appeal is allowed for statistical purposes Order pronounced in the Open Court on 05.05.2025.

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