MARUF ALI,YAMUNA NAGAR vs. INCOME TAX OFFICER, WARD-3, YAMUNA NAGAR , YAMUNA NAGAR
What did the Tribunal hold?
The Tribunal restored the appeal back to the CIT(A) for fresh adjudication on merits, considering the principles of natural justice. The issue of delay was not to be raised by the CIT(A).
What were the facts?
The assessee filed an appeal against an order of the CIT(A) which was based on an assessment framed by the AO on best judgment basis under Section 144 r.w.s. 147. The assessee's earlier appeal was dismissed due to a delay of 165 days.
What were the issues?
Whether the appeal, dismissed for delay, should be restored to the CIT(A) for de novo adjudication on merits based on principles of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, CHANDIGARH
(िनधा�रण वष� / Assessment Year: 2007-08) Shri Maruf Ali ITO Ward-3 C/o Sh Tejmohan Singh (Advocate) Yamuna Nagar बनाम/ Vs. #527, Sector 10-D, Haryana-135001 Chandigarh 160011 �ायीलेखासं./जीआइआरसं./PAN/GIR No. AIDPA-8548-C (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Sh. Tejmohan Singh (Advocate) – Ld. AR ��थ�कीओरसे/Respondent by : Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 26-11-2025 घोषणाकीतारीख /Date of Pronouncement 26-11-2025 : आदेश / O R D E R
Aforesaid appeal by assessee for Assessment Year (AY) 2007- 08 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 22-08-2025 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s 144 r.w.s. 147 of the Act on 04-03-2015. During hearing, Ld. AR pleaded for adjudication of appeal on merits and stated that the assessee is in a position to substantiate its case if another opportunity is granted to the assessee. The Ld. Sr. DR opposed any interference in the impugned order.
In the assessment order, Ld. AO assessed capital gains of Rs.38.47 Lacs. Though the assessee preferred further appeal, the appeal was dismissed as non-maintainable for want of condonation of delay of 165 days. Aggrieved, the assessee is in further appeal before Tribunal.
Keeping in mind the principles of natural justice and considering the background of the assessee, I deem it fit to accept the prayer of Ld. AR. Accordingly, the appeal is restored back to Ld. CIT(A) for de novo adjudication on merits with a direction to the assessee to plead and prove its case forthwith. The issue of delay would not be raised by Ld. CIT(A).
The appeal stands allowed for statistical purposes. Order pronounced on 26th November, 2025.
More judgments on Section 147
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- 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
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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