SANJAY GUPTA,ROURKELA ODISHA vs. INCOME TAX OFFICER, ITO() GORAKHPUR
What did the Tribunal hold?
The ITAT held that the delay in filing the appeal before the CIT(A) should have been condoned. The ITAT also noted that the Assessing Officer passed an ex-parte assessment order without providing a reasonable opportunity to the assessee.
What were the facts?
The assessee's appeal before the CIT(A) was dismissed in limine on grounds of limitation. The assessee provided reasons for the delay, which the ITAT found to be reasonable.
What were the issues?
Whether the delay in filing the appeal before the CIT(A) was justifiable and whether the ex-parte assessment order was passed without affording a reasonable opportunity to the assessee.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VARANASI CIRCUIT BENCH, VARANASI
Before: SHRI ANADEE NATH MISSHRA
2020-21 against impugned appellate order dated 26/02/2024 (DIN & Order No.ITBA/NFAC/S/250/2023- 24/1061486294(1) of National Faceless Appeal Centre, (NFAC), Delhi.
The impugned order of the learned CIT(A) has been passed, dismissing the assessee’s appeal in limine on limitation ground, without going into merits.
On perusal of the records and the reasons pleaded by the appellant assessee before learned CIT(A) explaining the reasons for delay in filing of appeal, I am satisfied that appellant assessee had reasonable cause to explain the delay in filing of appeal before the learned CIT(A). It is held that this was a fit case for condonation of delay in filing of appeal by the learned CIT(A).
At the time of hearing, the assessee was represented by none and Revenue was represented by Shri G.P. Singh, Senior Department Representative. The learned D. R. for the Revenue relied on the assessment order, and left the matter to the discretion of the Bench.
After hearing the learned Departmental Representative, and on perusal of records, it is found that the Assessing Officer passed ex-parte assessment order without providing reasonable opportunity to the assessee. Further, the learned CIT(A) has not passed his order on merits.
In view of the foregoing, the impugned appellate order of the learned CIT(A) is set aside and issue in dispute regarding additions made in the assessment order are restored back to the file of the AO with a direction to pass denovoassessment order in accordance with law, after reasonable opportunity to the assessee. All the grounds of appeal
treated as disposed off in accordance with the aforesaid directions.
7. In the result, the appeal of the assessee stands partly allowed for statistical purposes.
(Order pronounced in the open court on 16.12.2025)
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