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Facts
The assessee appealed an assessment for AY 2018-19, where the AO made an addition of Rs. 40.16 Lacs for agricultural income under section 144 (best judgment basis) due to the assessee's failure to represent during assessment proceedings. The CIT(A) subsequently did not condone a 71-day delay in the appeal, leading the assessee to further appeal to the ITAT.
Held
The Tribunal held that a small delay of 71 days should have been condoned, emphasizing principles of natural justice to provide another opportunity of hearing. Consequently, the impugned order was set aside, and the case was remitted back to the Assessing Officer to frame assessment de novo, with the assessee directed to substantiate its case.
Key Issues
Whether the CIT(A) erred in not condoning a 71-day delay and denying an opportunity of hearing to the assessee, necessitating a de novo assessment.
Sections Cited
144
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Income Tax Appellate Tribunal, “A” BENCH, CHANDIGARH
Before: HON’BLE SHRI RAJPAL YADAV & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2018- 19 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC dated 16-01-2025 in the matter of an assessment framed by Ld. AO on best judgment basis u/s 144 on 19-04-2021. In the assessment order, Ld. AO made addition of Rs.40.16 Lacs which represent agricultural income as shown by the assessee. The assessee failed to make any representation during assessment proceedings. The Ld. CIT(A) did not condone the delay of 71 days. Aggrieved, the assessee is in further appeal before us. The only prayer of Ld. AR is condonation of delay and another opportunity of hearing which has been opposed by Ld. Sr. DR. The Ld. AR stated that the assessee is in a position to substantiate its case.
We find that a small delay of 71 days could have been condoned considering the background of the assessee. Nevertheless, keeping in mind the principles of natural justice, we deem it fit to provide another opportunity of hearing to the assessee to substantiate its case before Ld. AO. Accordingly, the impugned order is set aside and Ld. AO is directed to frame assessment de novo. The assessee is directed to plead and prove its case forthwith.
The appeal stand allowed for statistical purposes. Order pronounced on 18th February, 2026.