SHREE NARAYAN BUILT UP INDIA PRIVATE LIMITED,JHANSI vs. INCOME TAX OFFICER WARD 2(2) GWALIOR, GWALIOR

This assessee’s appeal for assessment year 2016-17, arises against the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre [in short, the “CIT(A)-NFAC”],Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1060250974(1) dated 30.01.2024, involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties at length. Case file perused.

It emerges during the course of hearing at the outset that the learned lower authority has refused to condone the assessee’s 87 days’ delay in filing of the lower appeal instituted on 23.08.2022 against the assessment order dated 30.03.2022. There is hardly any dispute between the parties that the assessee has indeed filed its corresponding explanation attributing the reasons thereof to the circumstances beyond his control. The Revenue’s case in this backdrop is that the assessee although has filed explanation for delay in the lower appellate proceedings, but the same hardly inspired any confidence, and, therefore, it has been rightly rejected.

We have given our thoughtful consideration to the assessee’s lower appeal condonation application and find merit therein. This for the precise reason that they have indeed made out a case to condone the delay, in the corresponding averments filed before the lower authorities.

This assessee’s appeal is allowed for statistical purposes.