DEVISION ESTATE PRIVATE LIMITED,NAGPUR vs. DCIT/ACIT , CIRCLE-1

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ITA 100/NAG/2025Status: DisposedITAT Nagpur19 June 2025AY 2015-2016Bench: SHRI NARENDER KUMAR CHOUDHRY (Judicial Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee's conduct appeared to be non-compliant. The appeal was dismissed in limine for want of limitation, but the assessee was granted liberty to seek recall of the order.

What were the facts?

The assessee's appeal was time-barred by 13 days, and the assessee neither rectified the defect nor applied for condonation of delay. The assessee also failed to appear on the hearing date despite notice, and the assessment order was also passed ex-parte.

What were the issues?

Whether the appeal filed by the assessee is admissible in view of the delay and non-compliance by the assessee.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI NARENDER KUMAR CHOUDHRY

For Respondent: Shri Anand Nagrale

The captioned appeal by the assessee challenging the impugned order dated 27/11/2024, passed by the Ld. Commissioner of Income Tax (Appeals)/ National Faceless Appeal Centre, Delhi, [for short, “Ld. Commissioner”] for the assessment year 2015–16.

2.

Despite issuance of notice intimating date of hearing for today i.e., 19/06/2025 to the assessee, the assessee neither appeared nor filed any adjournment application and, therefore, this Court is inclined to decide this appeal ex–parte.

2 Devision Estate Private Ltd. ITA no.100/Nag./2025

3.

From the records available before us, it appears that the appeal filed by the assessee is time barred by 13 days and, therefore, the Registry had issued defect notice dated 13/02/2025. The assessee neither rectified the defect nor filed any appropriate application for condonation of delay. Even otherwise, the assessee, before the Ld. Commissioner as well, filed first appeal with a delay of more than eight months. It is also a fact that the assessment order dated 21/03/2022, was also passed ex–parte under section 147 r/w section 144 r/w section 144B of the Act. From the aforesaid facts and circumstances, it has become clear that the conduct of the assessee prima facie appears to be non–compliant. Thus, this Court is inclined to dismiss the appeal filed by the assessee in limine for want of limitation, however, with a liberty to the assessee to seek recall of this order on establishing plausible reason for non–appearance /non– compliance on 19/06/2025.

4.

In the result, appeal of the assessee is dismissed with liberty as granted. Order pronounced in the open Court on 19/06/2025

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