RAKESH KUMAR YATI,LUCKNOW vs. INCOME TAX OFFICER-1(3), LUCKNOW

2017-18 against impugned appellate order dated 14/02/2024 (DIN & Order No.ITBA/NFAC/S/250/2023-24/1060924174(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].

(A.1) This appeal has been filed by the assessee, beyond time limit prescribed under section 253(3) of IT Act. The assessee has submitted application, duly supported by affidavit, for condonation of delay in filing of the appeal pleading that the delay was unintentional and beyond the control of the assessee and has requested to admit the appeal for hearing. The learned Sr. Departmental Representative for Revenue did not express any objection to assessee’s application for condonation of delay in filing of the appeal. In view of the foregoing, and in specific facts and circumstances of the present appeal before us, the delay in filing of this appeal is condoned; and the appeal is admitted for hearing.

(B) In this case assessment order dated 25/12/2019 was passed u/s 143(3) of the I. T. Act whereby the assessee’s total income was determined at Rs.39,21,405/- as against returned of Rs.4,60,240/-. The assessee’s appeal against the aforesaid assessment order was dismissed by the learned CIT(A) vide impugned appellate order dated 14/02/2024. The present appeal has been filed by the assessee against the aforesaid impugned appellate order of learned CIT(A).

(C) At the time of hearing before the Tribunal, none was present on behalf of the assessee. In absence any representation from assessee’s side, learned Departmental Representative was heard and materials available on record were perused. Learned Departmental Representative relied on the assessment order and the impugned order of the learned CIT(A) and left the matter to the discretion of the Bench. On perusal of records, it is seen that the Assessing Officer as well as the learned CIT(A) have not given reasonable opportunity to the assessee. In view of the foregoing, the order of learned CIT(A) is set aside and issues in dispute are restored back to the file of the Assessing Officer with the direction to pass de novo speaking order on merits of the case in accordance with law after providing reasonable opportunity of being heard to the assessee. (D) In the result, the appeal of the assessee is party allowed for statistical purposes.

(Order pronounced in the open court on 11/11/2025)