RAMENDRA SINGH PARIHAR,NAGPUR vs. NGP-W-(2)(2), NAGPUR
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal, acknowledging a 'justice-oriented approach' and citing Supreme Court judgments. The Tribunal also decided to grant the assessee one more opportunity to present their case before the CIT(A) due to the ex-parte dismissal.
What were the facts?
The assessee filed an appeal with a delay of 423 days, which was attributed to issues with the accountant. The assessee's previous appeal before the CIT(A) was dismissed ex-parte due to non-compliance. A significant addition of Rs. 2,03,26,941/- was made as unexplained credits.
What were the issues?
Whether to condone the delay in filing the appeal and whether to provide another opportunity to the assessee before the CIT(A) after an ex-parte dismissal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.451 citing2 SCC 107 · 1987 · SC
- Inder Singh v. State of Madhya Pradesh267 citing2025 INSC 382 · 2025 · SC
Income Tax Appellate Tribunal, NAGPUR BENCH :: NAGPUR
This appeal by the assessee is directed against the order of Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi, dated 12/01/2024 passed under section 250 of the Income Tax Act, 1961 (for short, “Act”) which is arising out of
Registry has pointed out that there is a delay of 423 days in filing the instant appeal. Assessee has filed an application for condonation of delay along with affidavit. He stated in the affidavit that his ITR returns and the account related works were maintained by his accountant. Notices sent were not informed by his accountant, once recovery notices served, then he approached his Tax Consultant and filed the appeal on urgent basis, therefore the delay is occurred. We are satisfied that sufficient cause prevented the assessee from filing the present appeal in time and the delay is not intentional and therefore adopting a justice oriented approach and also taking guidance from the judgments of Hon’ble Apex Court in the case of Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors. [(1987) 2 SCC 107] and in the case of Inder Singh Vs. State of Madhya Pradesh, judgment dated 21.03.2025 (2025 INSC 382), hereby condone the delay of 423 (Ramendra Singh Parihar) days in filing of the instant appeal before this Tribunal and admit the appeal for adjudication.
At the outset, learned counsel for the assessee submitted that due to non-compliance before the Ld.CIT(A), appeal of the assessee has been dismissed. Prayer is made to afford one more opportunity to go before the Ld. CIT(A). Ld. DR did not raise any objection to the innocuous prayer made by the learned counsel for the assessee.
We have heard rival contentions and perused the records placed before us. Considering the prayer made by the learned counsel for the assessee and also observing that the order passed by the Ld.CIT(A) is an exparte as the assessee failed to appear on the dates fixed for hearing on different occasions and also observe that assessee is an individual proprietor engaged in the business of transportation and the assessment for A.Y.2013-14 completed u/s. 147 r.w.s. 144 r.w.s. 144B of the Act and the addition of Rs. 2,03,26,941/- has been made as unexplained credits u/s. 69 of the Act, we therefore deem it appropriate to afford one more opportunity to the assessee to substantiate his case before the Ld.CIT(A) for necessary adjudication and to pass a speaking order as contemplated u/s. 250(6) of the Act. Needless to mention that before passing the 3 (Ramendra Singh Parihar) order, Ld.CIT(A) shall grant fair opportunity of hearing to the assessee. Assessee is also directed to remain vigilant and not to take any adjournments unless otherwise required for reasonable cause and file all the details called for by the Ld.CIT(A). Thus, the impugned order is set aside and the effective grounds of appeal
raised by the assessee are allowed for statistical purposes.
5. In the result, appeal of the Assessee is allowed for statistical purposes.
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
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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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