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Income Tax Appellate Tribunal, “C” BENCH, KOLKATA
Before: SONJOY SARMA & SHRI SANJAY AWASTHI
Assessee by : Shri Amit Agarwal, AR Revenue by : Shri Loviesh Shelley, DR सुनवाई की तारीख/Date of Hearing : 24.10.2024 घोषणा की तारीख /Date of Pronouncement : 04.11.2024 आदेश/O R D E R
PER SONJOY SARMA, JUDICIAL MEMBER:
The captioned appeal filed by the assessee, pertaining to assessment year 2011-12 is directed against the order passed by the National Faceless Appeal Centre, Delhi (hereinafter referred to as the ‘ld. CIT(A)’) dated 10.10.2023 passed u/s 250 of the Income Tax Act, 1961 (‘Act’), which is arising out of the assessment order u/s 144 read with section 147 of the Income-tax Act, 1961 (the Act) dated 20th November, 2018, 2. At the outset, the ld. Authorized Representative for the assessee submitted that there is delay of 186 days in filing the appeal before this Tribunal. The reasons for delay as explained by ld. Authorized Representative is that no proper compliance was done by previous consultant and it took time for search of new
We after considering the submissions made by the ld. 3. Authorized Representative and facts placed before us, we are of the view that the delay of 186 days in filing the appeal was due to reasonable cause as explained by the assessee. The delay was due to administrative reasons and there was no deliberate attempt by the assessee to delay in filing. In the interest of justice and fair play, we hereby condone the delay in fling the appeal. The appeal will now be heard on merits.
Before us, the ld. Authorized Representative stated that at the time of framing of the assessment order, the order was passed u/s 144 of the Income-tax Act, 1961 (the Act) against the assessee, since the assessee did not represent its case properly, ex- parte order was passed against the assessee.
Even before ld. CIT (A), the assessee could not properly represent the case, therefore, assessee prayed before the Bench that one opportunity may be given to the assessee in order to substantiate its claim by submitting certain documents in order to establish its case.
As the prayer made by the ld. Counsel for the assessee, the ld. DR did not object the same.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the Court on 4th November, 2024, at Kolkata.