TARUN KUMAR,VILLAGE KHIPOONA vs. ITO2(1), GWL, AAYKAR BHAWAN

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ITA 172/AGR/2025Status: DisposedITAT Agra16 June 2025AY 2017-18Bench: SHRI SUNIL KUMAR SINGH (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the appeal was only delayed by one or two days based on the service date. The delay was condoned in the interest of justice, and the matter was remitted back to the CIT(Appeals) for adjudication on merits.

What were the facts?

The assessee's first appeal before the CIT(Appeals) was dismissed as time-barred. The assessment order was dated 17.12.2019 and allegedly served on 04.02.2020, with the appeal filed on 07.03.2020.

What were the issues?

Whether the CIT(Appeals) was justified in dismissing the assessee's appeal as barred by limitation, and if the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH, AGRA

Before: SHRI SUNIL KUMAR SINGH & SHRI MANISH AGARWAL

Hearing: 22.05.2025Pronounced: 16.06.2025

ORDER

PER SUNIL KUMAR SINGH, JUDICIAL MEMBER:

1.

This appeal has been preferred by assessee against the impugned order dated 28.01.2025 passed in Appeal No. CIT (A), Gwalior/11018/2019-20 by the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi u/s. 250(6) of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year (AY) 2017- 18, wherein the learned first appellate authority has dismissed assessee’s first appeal as time barred.

2.

None appeared to represent the appellant/assessee. However, an adjournment application was moved on record, which was rejected.

Perused the records and heard the ld. Departmental representative for the revenue, who supported the impugned order.

3.

This appeal has been filed on the ground that the ld. CIT(Appeals) was not justified in dismissing assessee’s appeal as barred by limitation.

4.

It appears from the perusal of the impugned order that the first appeal was instituted on 07.03.2020 against the assessment order dated 17.12.2019. Perusal of form No. 35 reveals that the assessment order dated 17.12.2019 is shown to have been served upon the assessee on 04.02.2020. It is no doubt true that the ld. CIT(Appeals) had issued letters dated 14.08.2023, 19.07.2024 and 02.01.2025 to the assessee to file the delay condonation petition, however, the ld. CIT(Appeals) has nowhere objected to the date of service of assessment order shown by the assessee in Form-35. Therefore, if the period of limitation is reckoned from 04.02.2020, i.e., the date of communication, the first appeal filed on 07.03.2020 would be deemed to be delayed by one or two days only, which is liable to be condoned in the larger interest of justice. We, therefore, condone the delay caused in filing the first appeal. We accordingly, remit the matter back to the file of learned CIT(Appeals) for adjudication on merits. We further direct the assessee to be diligent and cooperative in attending the hearings and making submissions before the learned CIT(Appeals) for the expeditious and effective disposal. 2 | P a g e Assessee shall refrain from seeking any adjournment but for compelling and unavoidable reasons. Needless to say that learned CIT(Appeals) shall ensure the observance of the principles of natural justice. The appeal is liable to be allowed accordingly.

5.

In the result, the appeal is allowed for statistical purposes. The impugned order dt. 28.01.2025 is set aside.

Order pronounced in the open court on 16.06.2025.

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