MANI RAI,GHAZIABAD vs. INCOME TAX OFFICER, WARD 2(4) GURGAON, GURGAON
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal, citing Collector Land Acquisition v. Mst. Katiji & another (1987) 167 ITR 471 (SC), condoned the 326-day delay in filing the lower appeal. It restored the matter to the CIT(A)/NFAC for a fresh adjudication on merits, granting three effective opportunities of hearing. The assessee is responsible for pleading and proving all relevant facts in consequential proceedings.
What were the facts?
The assessee filed an appeal for Assessment Year 2011-12. The National Faceless Appeal Centre (NFAC) / CIT(A) had refused to condone a delay of 326 days in filing the lower appeal against the Assessing Officer's assessment order. The assessee contended that a condonation petition explaining the circumstances for the delay had been duly filed.
What were the issues?
Whether the delay of 326 days in filing the lower appeal before the CIT(A)/NFAC should be condoned, and the matter remanded for adjudication on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
O R D E R PER SATBEER SINGH GODARA, JM:
This assessee’s appeal for assessment year 2011-12 arises against National Faceless Appeal Centre (NFAC), Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1065604210(1), dated 12.06.2024, in case no. CIT(A), Gurgaon-2/11026/2019-20, in proceedings u/s 144 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties. Case file perused.
It emerges during the course of hearing that the learned CIT(A)/NFAC has refused to condone the assessee’s delay of 326 days in filing of the lower appeal instituted on 20.11.2019 against the Assessing Officer’s assessment order dated 29.11.2018. The assessee’s case is that he had duly filed condonation petition explaining the corresponding circumstances beyond his control. Faced with this situation I accept the assessee’s argument to this limited extent as per Collector Land Acquisition v. Mst. Katiji & another (1987) 167 ITR 471 (SC) and condone the impugned delay in filing the lower appeal and restore the matter to the learned CIT(A)/NFAC for its afresh appropriate adjudication on merits, as per law, within three effective opportunities of hearing subject to rider that it shall be the assessee’s responsibility only to plead and prove all the relevant facts in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purpose in above terms.
Order pronounced in open court on 16.12.2024.
Recent GST High Court judgments
Search GST case law →- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026