RITU BANGIA ,LUDHIANA vs. INCOME TAX OFFICER WARD 7(1) , LUDHIANA

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ITA 1212/CHANDI/2024Status: DisposedITAT Chandigarh04 August 2025AY 2017-2018Bench: us. The only prayer of Ld. AR is admission of appeal and adjudication on merits. The Ld. CIT-DR has opposed the same.3 pages
AI SummaryAllowed for statistical purposes

What did the Tribunal hold?

The Tribunal found reasonable cause for the delay, noting the COVID-19 lockdown period, and condoned it. It set aside the CIT(A)'s order and restored the assessment file to the AO for fresh assessment, allowing the assessee to present her case and supporting documents.

What were the facts?

The assessee challenged an assessment framed under Section 144, which included additions under Section 68, by the AO. The CIT(A) dismissed the appeal due to a delay of 786 days, which the assessee sought to condone, citing lack of knowledge of tax laws and reliance on a professional who failed to inform her of proceedings.

What were the issues?

Whether there was reasonable cause for the significant delay in filing the appeal before the CIT(A) and if the matter should be remanded for fresh assessment on merits.

Which sections of the Income-tax Act were involved?

Section 144,Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH

Before: HON’BLE SHRI RAJPAL YADAV & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 26-11-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgement basis u/s 144 of the Act on 25-12-2019. In the assessment order, Ld. AO has made certain additions u/s 68 and determined total income of Rs.331.84 Lacs as against returned income of Rs.21.86 Lacs. The assessee failed to make any representation during assessment proceedings. The Ld. CIT(A) dismissed the appeal for want of condonation of delay of 786 days. Aggrieved, the assessee is in further appeal before us. The only prayer of Ld. AR is admission of appeal and adjudication on merits. The Ld. CIT-DR has opposed the same.

2.

Upon perusal of documents as kept in the paper-book, it could be seen that the assessee has filed various submissions and supporting documents on merits in response to hearing notices as issued by Ld. CIT(A). The assessee sought condonation of delay on the ground that the assessee being senior citizen had no knowledge of Income Tax Laws and fully dependent on professional Shri Harish Kumar for Income Tax assistance. The email id of his staff was mentioned on the portal as well as in Income Tax Return. However, he failed to appear before Ld. AO and also failed to intimate the assessee about ongoing assessment proceedings. The assessee was under a bona fide belief that earlier counsel would take care of all Income Tax compliances. Due to these facts, delay happened in the first appeal. Upon perusal of these reasons, we find that the assessee had reasonable cause for not filing the appeal within time. Moreover, substantial period fall within lockdown situation emerging from Covid-19 Pandemic and therefore, delay ought to have been condoned by Ld. CIT(A). Nevertheless, we set aside the impugned order and since the assessee has filed various documents in support of her submissions which has not been perused by any of the lower authorities, we restore the assessment back to the file of Ld. AO for fresh assessment with a direction to the assessee to plead and prove its case forthwith.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 04-08-2025. Sd/- Sd/- (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 04-08-2025. आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF ASSISTANT REGISTRAR

ITAT CHANDIGARH

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