CHANDRA DEEP KUMAR,VAISHALI vs. ITO, WARD- 3 (1), VAISHALI
Facts
The assessee preferred an appeal against the order of the National Faceless Appeal Centre (NFAC) for AY 2017-18. There was a delay of 11 days in filing the appeal due to the assessee's unawareness of the hearing notices and the ex-parte order passed by the CIT(A). The delay was attributed to a lack of communication via post or email, and the assessee only became aware of the order upon approaching their counsel.
Held
The Tribunal condoned the delay of 11 days in filing the appeal, finding it to be due to a genuine and reasonable cause beyond the assessee's control and without any mala fide intention. The Tribunal noted that the impugned order by NFAC was dismissed without considering the merits of the case, thus lacking natural justice.
Key Issues
Whether the delay in filing the appeal can be condoned and whether the ex-parte order passed without sufficient opportunity to the assessee is liable to be set aside.
Sections Cited
250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “PATNA” BENCH, PATNA
PER DUVVURU RL REDDY, VP
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 24/11/2022 for the AY 2017-18.
Shri KN Prasad & Shri Vishal Kr. appeared on behalf of the assessee and Shri Ashwani Kr. Singal, JCIT appeared on behalf of the revenue.
At the outset, the ld. Authorized Representative for the assessee submitted that there is delay of 11 days in filing the appeal before this Tribunal. The reasons for delay as explained by ld. Authorized Representative that the assessee was not aware of the hearing notices/ passing of ex-parte order by the ld. CIT (A) as no appeal notice/ appellate order was received by the assessee by post or in registered email. When the assessee approached to the ld. Counsel, he came to know about the ex-parte order. Due to this, there was an unavoidable delay of 11 days in filing the appeal. The ld. Authorized Representative
We after considering the submissions made by the ld. Authorized Representative and facts placed before us, we are of the view that the delay of 11 days in filing the appeal was due to reasonable cause as explained by the assessee and there was no deliberate attempt by the assessee to delay in filing. In the interest of justice and fair play, we hereby condone the delay in filing the appeal. The appeal will now be heard on merits.
The ld. Counsel for the assessee submitted before the Bench that the order passed by the Ld. CIT(A) u/s. 250 of the Act was without providing sufficient opportunity to the assessee and as such the order is bereft of natural justice and is liable to be set aside.
On the other hand, the learned Departmental Representative did not object to such prayer made by the assessee before the Bench.
We after hearing the submission of the parties and perusing the material available on record, we find that instant impugned order passed by NFAC was dismissed without looking into the merits of the case by simply dismissing the appeal of the assessee. We therefore, feel it necessary and in the larger interest of justice and being fair to both the parties, deem it appropriate to restore the issue raised on merits to the file of the ld. CIT (A) for necessary adjudication for which reasonable opportunity to be provided to the assessee to furnish the reply and file relevant details and evidences if needed. It is further clarified that assessee should also not seek any adjournments unless otherwise
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 04.06.2025
Sd/- Sd/- (SANJAY AWASTHI) (DUVVURU RL REDDY) ACCOUNTANT MEMBER (VICE PRESIDENT) Kolkata, Dated: 04.06.2025 Sudip Sarkar, Sr.PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, 4. 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Patna
