AGRAWAL RAJESHKUMAR BABULAL HUF,AMIRGADH vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, GANDHINAGAR, GANDHINAGAR
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeals. The impugned orders of the CIT(A) were set aside, and the cases were restored to the CIT(A) for a fresh decision on merits. This was conditional upon each assessee paying Rs. 5,000/- to the Prime Minister's National Relief Fund.
What were the facts?
Two different assessees (Agrawal Rajeshkumar Babulal HUF and Dahyabhai Ganeshbhai Kugasiya) filed appeals against separate CIT(A) orders, which were time-barred by 223 and 101 days respectively. The assessees claimed they were unaware of the online appeal orders until they received demand notices, and sought condonation of delay and an opportunity for a fresh hearing, stating their non-representation before CIT(A) was unintentional.
What were the issues?
Whether delay in filing appeals should be condoned due to lack of awareness of online orders, and whether appeals dismissed ex-parte by CIT(A) should be restored for decision on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: Shri Sanjay Garg & Annapurna Gupta
Heard together (3 matters)
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Per Sanjay Garg, Judicial Member:
The captioned appeals have been preferred by two di
The order continues below.
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