KIRTI TRIPATHI,BHOPAL vs. ITO 2(4), BHOPAL
What did the Tribunal hold?
The Tribunal condoned the delay of 343 days in filing the appeal, finding that the assessee had a "sufficient cause" for the delay, citing a genuine communication lapse by her tax consultant. The Tribunal relied on Section 253(5) of the Act and the Supreme Court's decision in Collector, Land Acquisition Vs Mst. Katiji and others, emphasizing a justice-oriented approach. On merits, the Tribunal, considering the principle of natural justice and the submissions of both parties, remanded the matter back to the file of the CIT(A) for adjudication afresh. The CIT(A) was directed to provide the assessee with an opportunity of hearing and pass a meritorious order after considering the assessee's submissions. The assessee was also directed to be vigilant and ensure participation in hearings without seeking unnecessary adjournments, failing which the CIT(A) would be at liberty to pass an appropriate order. No issue was expressly left undecided.
What were the facts?
The assessee, Kirti Tripathi, filed an appeal before the Income Tax Appellate Tribunal (ITAT) against an order dated 27.05.2024 passed by the Commissioner of Income-Tax (Appeals)-NFAC, Delhi. This order arose from an assessment order dated 03.12.2018 passed by the ITO-2(4), Bhopal, under Section 147 of the Income-tax Act, 1961, for Assessment Year 2011-12. The appeal to the ITAT was delayed by 343 days. The assessee's application for condonation of delay stated that her tax consultant, who filed the first appeal before the CIT(A), used his own email ID for correspondence. Consequently, notices from the CIT(A) were not communicated to the assessee, leading to an ex-parte order and her unawareness of the proceedings. The assessee only became aware of the ex-parte order upon receiving a show cause notice for penalty under Section 271(1)(c).
What were the issues?
1. Whether there is a sufficient cause for condoning the delay of 343 days in filing the appeal before the ITAT, as per Section 253(5) of the Income-tax Act, 1961? The assessee argued that the delay was unintentional and due to a genuine communication lapse by her tax consultant, who failed to forward notices from the CIT(A). The revenue, through the Senior Departmental Representative, did not object to the condonation of delay and left the decision to the Tribunal's wisdom. 2. Whether the matter should be restored to the CIT(A) for fresh adjudication on merits, given that the CIT(A) passed an ex-parte order? The assessee contended that the issues raised in her appeal require proper adjudication by the CIT(A) and she is willing to make proper submissions if given an opportunity. The revenue agreed to the remand of the matter to the CIT(A) but requested specific directions for the assessee's cooperation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI SIDDHARTHA NAUTIYAL & SHRI B.M. BIYANI
आदेश/ O R D E R
Per B.M. Biyani, A.M.:
Feeling aggrieved by order of first-appeal dated 27.05.2024 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which in turn arises out of assessment-order dated 03.12.2018 passed by learned ITO-2(4), Bhopal [“AO”] u/s 147 of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2011-12, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).
The registry has informed that the present appeal is delayed by 343 days and therefore time-barred. Ld. AR for assessee submitted that the assessee has filed an application for condonation of delay; the application filed by assessee is scanned and re-produced for an immediate reference:
Page 2 of 7 Page 3 of 7 Page 4 of 7
The averments made by assessee in above condonation-application, which are self-explanatory and do not require any repetition, were discussed during hearing. Basically, the assessee has averred in Para 5 of application that his tax consultant, who filed first-appeal to CIT(A), mentioned his own e-mail id in Form No. 35 (Appeal Memo) and all notices of hearing were sent by CIT(A) to such e-mail id. However, the consultant failed to communicate or forward those notices to assessee owing to which the assessee was unaware of proceedings and could not make representation to CIT(A). This ultimately led the CIT(A) to pass impugned order ex-parte to assessee as well as delay in filing present appeal to ITAT against impugned order. After discussions, the Ld. DR for revenue does not have any objection if the bench condones delay and accordingly left it to the wisdom of bench. We have considered the explanation advanced by assessee in application and in absence of any contrary fact or material on record, the assessee is found to have a “sufficient cause” for delay in filing present appeal. We find that section 253(5) of the Act empowers the ITAT to admit an appeal after expiry of prescribed time, if there is a “sufficient cause” for not presenting appeal within prescribed time. It is also a settled position by Hon’ble Supreme Court in Collector, Land Acquisition Vs Mst. Katiji and others 1987 AIR 1353, 1987 2 SCC 387 that whenever substantial justice and technical considerations are opposed to each other, the cause of substantial justice must be preferred by adopting a justice-oriented approach. Thus, taking into account the facts of case, the provision of section 253(5) and the decision of Page 5 of 7 Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing.
On merit of case, it is urged by Ld. AR for assessee that since the CIT(A) has passed ex-parte order and merely upheld AO’s order but the issues/grievances of assessee require an apt adjudication by CIT(A), therefore the present matter ought to be restored at the level of CIT(A) for a fresh adjudication. Ld. AR acknowledges that the assessee is ready and willing to make a proper representation before CIT(A) if an opportunity is given.
Ld. DR submitted that he has no objection if the bench takes a call to remand this matter to CIT(A) but, however, he made a request to give specific direction to assessee for co-operation and representation before CIT(A) without seeking unnecessary adjournments.
In view of above facts and considering the submissions of parties; having regard to the principle of natural justice and also bearing in mind that no prejudice would be caused to revenue if the present matter is restored at the level of CIT(A), we remand this matter back to the file of CIT(A) for adjudication afresh. The CIT(A) shall give necessary opportunity of hearing to assessee and pass a meritorious order after considering submissions of assessee. The assessee is also directed to remain vigilant and ensure participation in the hearings as may be fixed by CIT(A) and do not seek unnecessary adjournments failing which the CIT(A) shall be at Page 6 of 7 liberty to pass appropriate order in accordance with law. Ordered accordingly.
Resultantly, this appeal is allowed for statistical purpose.
Order pronounced by putting up on notice board in terms of Rule 34 of ITAT Rules, 1963 on 22/12/2025
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