PURBANCHAL CHARITABLE TRUST,KUTCH vs. INCOME TAX OFFICER, WARD-7(2)(1), AHMEDABAD, AHMEDABAD
What did the Tribunal hold?
The Tribunal held that the CIT(A) had not adjudicated the issue on merits as the appeal was dismissed on limitation. Therefore, in the interest of justice, the matter was remanded to the CIT(A) for de novo adjudication on merits, directing the assessee to comply without unnecessary adjournments.
What were the facts?
The assessee filed three appeals against orders of the CIT(A) for AYs 2017-18, 2018-19 & 2021-22. The appeals were dismissed by the CIT(A) on grounds of limitation without condoning the delay. The assessee contended that reasons for delay were provided and requested an opportunity to present their case.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal on grounds of limitation without considering the reasons for delay and condoning it. Whether the matter should be remanded for de novo adjudication on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-SHRI SIDDHARTHA NAUTIYAL
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER to 918/Ahd/2025 (Assessment Years: 2017-18, 2018-19 & 2021-22) Purbanchal Charitable Trust, The Income Tax Officer, Chasantosh KunjRitable Tru Vs. Ward-7(2)(1), Sectors 3, Ahmedabad. Gandhidham, Kutch-370201. [PAN :AADTP0282 A] (Appellant) .. (Respondent) Appellant by : Shri Chetan Agarwal, AR Respondent by: Shri Prateek Sharma, Sr DR Date of Hearing 07.08.2025 Date of Pronouncement 12.08.2025 O R D E R PER BENCH :
The captioned three appeals are filed by the Assessee against the separate orders of even dated 20.03.2025 passed by the Commissioner of Income Tax (Appeals) Mumbai/National Faceless Appeal Centre relating to the Assessment Years 2017-18, 2018-19 & 2021-22. The facts involved in these three appeals are identical, hence the matters were heard together and are being disposed of vide this common order for the sake of convenience. We will take for AY 2017-18 as lead case for the purpose of adjudication. to 918/Ahd/2025 Purbanchal Charitable Trust Vs. ITO Asst. Years : (2017-18, 2018-19 &2021-22) - 2– for AY 2017-18
The assessee has raised the following ground of appeal:
The Ld.CIT(A) erred in law as well on fact in dismissing appeal on ground of limitation and in not condoning delay due to sufficient and reasonable cause.
At the outset, the Ld. Counsel for the assessee submitted that during the appellate proceedings, the assessee had made submissions along with the relevant documents and information, and had also stated the reasons for the condonation of delay in filing the appeal. However, the Ld. CIT(A) dismissed the appeal of the assessee as not admitted. The Ld. CIT(A) is hereby directed to examine the reasons for the delay and thereafter adjudicate the issue on merits. Before us, the Ld. Counsel for the assessee prayed that, if granted an opportunity, due compliance would be made and all requisite details, clarifications, and explanations would be furnished to the Revenue authorities. Since the primary adjudication of the grounds of appeal has not been undertaken by the Ld. CIT(A), in the interest of justice, the matter is remanded to the Ld. CIT(A) for de novo adjudication. The assessee shall submit all relevant documents and comply with the notices issued by the Revenue authorities without seeking unnecessary adjournments.
In the result, the appeal filed by the assessee is allowed for statistical purposes. to 918/Ahd/2025 Purbanchal Charitable Trust Vs. ITO Asst. Years : (2017-18, 2018-19 &2021-22) - 3– & 918/Ahd/2025 for AYs 2018-19 & 2021-22.
The facts involved in these two appeals are identical to those in for A.Y. 2017-18, which we have decided in favour of the assessee for statistical purposes in the preceding paragraphs. Therefore, the decision taken in for A.Y. 2017-18 shall apply mutatis mutandis to ITA Nos. 917 & 918/Ahd/2025 for A.Ys. 2018-19 & 2021-22 as well. Accordingly, these two appeals of the assessee are also allowed for statistical purposes.
In the combined result, the appeals filed by the assessee are allowed for statistical purposes.
The order is pronounced in the open Court on 12.08.2025. - Sd/- Sd/- (SIDDHARTHA NAUTIYAL) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Ahmedabad; Dated 12.08.2025 MV आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. 2. ��थ� / The Respondent. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�(अपील) / The CIT(A)- 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy
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