KC SAXENA,NEW DELHI vs. ITO, NEW DELHI

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ITA 5304/DEL/2016Status: DisposedITAT Delhi11 December 2019AY 2010-113 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal decided to remand the matter back to the CIT(A). The CIT(A) is directed to first decide the plea for condonation of delay and then decide the issue on merits, providing a reasonable opportunity of hearing to the assessee.

What were the facts?

The assessee's appeal was filed before the CIT(A) with a delay of 216 days. The assessee, a senior citizen, cited medical ailments as the reason for the delay. The ITAT noted that the appeal was dismissed in limine by the CIT(A).

What were the issues?

The primary issue was the condonation of delay in filing the appeal before the CIT(A) and the subsequent decision on merits.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI

Hearing: 04.12.2019Pronounced: 11.12.2019

आदेश / ORDER आदेश आदेश आदेश PER SUSHMA CHOWLA, JM:

1.

The appeal filed by assessee is against order of CIT(A)- 21, New Delhi dated 08.07.2016 relating to assessment year 2010-11 passed u/s 154 of the Income Tax Act, 1961 (in short “Act”).

2.

When the appeal was called for hearing, none appeared on behalf of the assessee. The appeal was earlier also adjourned at the request of the assessee on 17.09.2019 & 25.11.2019. On the previous date of hearing i.e. 25.11.2019, the Ld. Counsel for the assessee was asked to file his Power of Attorney but till date, no Power of Attorney has been filed by the said person. Accordingly, we proceed to decide the present appeal ex-parte qua the assessee but after hearing the Ld.DR.

3.

On perusal of record, we find that the appeal of the assessee has been dismissed in limine as the appeal was filed after a delay of 216 days before the CIT(A). We also note that the assessee is a senior citizen and had some medical ailments at the relevant time. Following the principles of natural justice, we deem it fit to remand the matter back to the file of the CIT(A) who shall first decide the plea of the assessee vis-a-vis condonation of delay in filing the appeal late before him and also decide the issue on merits. Reasonable opportunity of hearing shall be provided to the assessee in this regard. The assessee is also directed to appear before the CIT(A). Thus, grounds raised by the assessee are allowed.

4.

In the result, the appeal of assessee is allowed.

Order pronounced in the open court on 11th day of December, 2019.

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