NAVTECH TRADELINK PRIVATE LIMITED,KOLKATA vs. ITO, WARD 2(1),, KOLKATA

The present appeal filed by the assessee is directed against the order dated 18.09.2025 passed by the NFAC, Delhi u/s 250 of the Income Tax Act, 1961 (the ‘Act’) for the assessment year 2012-13.

Brief facts of the case are that the assessee is a company and is involved in the business of investment in shares. The assessee had e- filed its return of income for the A.Y. 2012-13 on 24.9.2012 declaring an income of Rs.9226/-. The case was selected for scrutiny under CASS. After issuing the statutory notices, the assessment was completed by making addition/disallowance on the two issues i.e. (i)Unexplained cash credit u/s 68 & (ii) Disallowance u/s 14A/Rule 8D.

It was submitted by the ld. AR that during the appellate proceedings, the Ld. CIT(A) dismissed the appeal of the assessee only due to delay of 53 days in filing the appeal. The ld. AR submitted that the ld. CIT(A,) without going into the merits of the case and without considering the submissions filed by the assessee, dismissed the appeal solely based on such delay. He requested before the Bench that in the interest of justice, one more opportunity may be granted to the assessee to substantiate its claim.

On the other hand, the learned Departmental Representative supported the order of the lower authorities.

We, after hearing the rival submissions and perusing the material available on record, we find that the appeal before the Ld. CIT(A) was dismissed solely on account of delay without adjudication on merits and the assessee was thus deprived of submitting relevant documents before the lower authorities. In our considered opinion and on the request of the assessee, in the interest of justice and fair play, the matter deserves to be restored to the file of the Ld. CIT(A) after condoning the delay of 53 days for fresh adjudication on merits after giving reasonable opportunity to the assessee to submit relevant. The assessee is also directed to fully cooperate in the remand proceedings and submit all the relevant details/documents and if the assessee failed to comply, then the ld. CIT(A) will adjudicate the matter as he deems fit.