Facts
The assessee, a retired policeman not conversant with modern technology, failed to appear before the AO and was unaware of the assessment order until a recovery call was received. This resulted in a 63-day delay in filing an appeal before the FAA. The FAA dismissed the appeal without adjudicating on merits.
Held
The Tribunal condoned the 63-day delay in filing the appeal before the FAA, citing the assessee's reasons as reasonable. Despite deprecating the assessee's nonchalant attitude, the Tribunal restored the matter for fresh adjudication to the AO in the interest of justice.
Key Issues
Whether the delay in filing the appeal before the First Appellate Authority can be condoned in the interest of justice, considering the assessee's circumstances.
Sections Cited
250 of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI
Before: SHRI GEORGE GEORGE K & SHRI INTURI RAMA RAO
आदेश/ O R D E R
PER GEORGE GEORGE K, VICE PRESIDENT:
This appeal filed by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 06.12.2025 passed under section 250 of the Income Tax Act, 1961 (hereinafter called ‘the Act’). The relevant Assessment Year is 2020-21.
2 -: 2. At the very outset, we notice that First Appellate Authority (FAA) had dismissed the appeal of the assessee in limine without adjudicating on merits. The FAA held that there is a delay of 63 days in filing the appeal before him and there is no reasonable cause for condoning the same.
On perusing the order of FAA, we noted that the assessee had filed application for condonation of delay along with affidavit stating the reasons that the assessee is a retired policeman and is not fully conversant with modern technology or the procedures involved in faceless e-proceedings of Income-tax Department. Consequently, the assessee was not aware of the assessment proceedings or assessment order being passed by the AO and only on receipt of call from the income-office office for recovery of demand, assessee became aware of the order being passed by the AO. Immediately the assessee sought the assistance of a professional and filed the appeal, with a delay. However, the FAA dismissed the appeal of the assessee stating that the there is no sufficient cause for condoning the delay and dismissed the appeal of the assessee.
The Ld.AR before us submitted that the assessee is a retired policeman and is not conversant with electronic procedures of 3 -: income tax proceedings and hence, could not effectively participate in the faceless proceedings. The Ld.AR further submitted that the assessee was unaware of the assessment proceedings before the AO and the order being passed by him. The assessee became aware of the assessment order only on receipt of call from the income-tax office for recovery of outstanding demand. Hence, there was a delay in filing the appeal before the FAA. The Ld.AR pleaded that since the assessee was unaware of the assessment proceedings, one last opportunity may be provided to the assessee to represent his case before the AO.
The Ld.DR supported the order of the FAA.
We have heard rival submissions and perused the material available on record. We are of our view, the reason cited by assessee in its petition before FAA seems quite reasonable and hence, we condone the delay of 63 days in filing the appeal before FAA. The Ld.AR submitted that the assessee is not conversant with the faceless proceedings of income-tax and hence, the assessee could not represent his case before the lower authorities. We strongly deprecate the nonchalant attitude of the assessee in not responding to the notices. However, in the interest of justice and fair play, we of the view that the matter ought to be restored to the 4 -: files of the AO. Accordingly, the matter is remitted to the files of the AO for fresh adjudication. The AO shall afford reasonable opportunity of hearing to the assessee. The assessee is directed to furnish the required details and co-operate with the Revenue and shall not seek unnecessary adjournment. It is ordered accordingly
In the result, the appeal filed by the assessee is allowed for statistical purposes.