KC SAXENA,NEW DELHI vs. ITO, NEW DELHI
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?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI
आदेश / ORDER आदेश आदेश आदेश PER SUSHMA CHOWLA, JM:
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”).
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.
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.
In the result, the appeal of assessee is allowed.
Order pronounced in the open court on 11th day of December, 2019.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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