Facts
The assessee filed appeals against the order of the learned ADDL/ JCIT(A)-9. The appeals were filed with considerable delay, and no petition for condonation of delay was filed before the Ld. CIT(A). The assessee also failed to appear before the Tribunal.
Held
The Tribunal noted that the CIT(A) dismissed the appeals as barred by limitation without condoning the delay, yet decided the issues on merits. The Tribunal upheld the CIT(A)'s decision to dismiss the appeals for want of condonation petition, as the assessee could not explain the delay even before the Tribunal.
Key Issues
Whether the appeals are liable to be dismissed for being filed beyond the limitation period without a condonation petition.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH, ‘B’: NEW DELHI
Before: SHRI C.N. PRASAD & SHRI M. BALAGANESH
ORDER PER BENCH These appeals are filed by the assessee against the order of the learned ADDL/ JCIT(A)-9, Kolkata dated 16.04.2025 for the A.Ys. 2018-19 to 2021-22.
Inspite of issue of notice none appeared on behalf of assessee nor any adjournment application was moved, therefore, we dispose all these appeals on hearing the Ld. DR.
We have heard the learned DR and perused the orders of the authorities below.
On reading of the order of the learned CIT(A) it is noticed that the assessee filed appeal with considerable delay and there was no petition filed by the assessee for condonation of delay before Ld. CIT(A).
The learned CIT(A) in the absence of the petition for condonation of delay dismissed the appeals of the assessee as barred by limitation. However, the learned CIT(A) decided the issue on merits which in our view should not have gone into and decided when the appeal is dismissed without condoning the delay.
Even before us the assessee could not explain the delay in filing the appeal before the learned CIT(A), therefore, the reasoning given by the learned CIT(A) in dismissing the appeal for want of condonation petition is upheld.
In the result, all the appeals of the assessee are dismissed.
In the result, the appeals of the assessee are allowed. Order pronounced in the open court on 28.11.2025