MARKANDA OIL STORE,SHAHBAD HARYANA vs. CIT (APPEALS), NEW DELHI

ORDER This assessee’s appeal for Assessment Year 2015-16, arises against the order of CIT(A)/NFAC, Delhi dated 28.11.2023 in case No. ITBA/NFAC/S/250/2023- 24/1058272512(1) in proceedings u/s 143(3) r.w.s. 263 of the Income Tax Act, 1961 (in short “The Act”).

Markanda Oil Store 4. Learned departmental representative is hardly dispute the clinching fact that not only the assessee had condonation petition forming part of the case record gives a reasonable cause on account of circumstances beyond its control but also the CIT(A)/NFAC has not considered hon’ble apex court landmark direction in cognizance for explanation of limitation in re had directed exclusion of the time period from 15.03.2020 to 28.02.2022 for further window upto 90 days to be counted from 01.03.2022. It is thus clear that all this has escaped learned CIT(A)/NFAC’s consideration and therefore, it is deem it appropriate in the larger interest of justice to restore the assessee’s substantive ground raised herein back to the file of CIT(A)/NFAC for afresh appropriate adjudication as contemplated u/s 250(6) of the Act. The same shall be indeed subject to a rider that the assessee itself shall plead and prove all the relevant facts at its risk and responsibility within three effective opportunities, in consequential proceedings.

5. This assessee’s appeal is allowed for statistical purpose in above terms. Order Pronounced in the Open Court on 21/11/2023.