Facts
The assessee filed three appeals before the CIT(A) with a delay. The CIT(A) dismissed the appeals in limini due to the assessee not furnishing sufficient cause for condonation of the delay. The assessee then appealed to the ITAT.
Held
The Tribunal set aside the matters to the file of the CIT(A) for de novo adjudication. The assessee was directed to submit all relevant documents and comply with notices without seeking unnecessary adjournments.
Key Issues
Whether the appeals dismissed in limini by the CIT(A) for delay without considering merits should be restored to the file of the CIT(A).
Sections Cited
250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: DR. B.R.R. KUMAR, VICE-Ms SUCHITRA KAMBLE
IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms SUCHITRA KAMBLE, JUDICIAL MEMBER to 841/Srt/2025 (Assessment Year: 2018-19) Arvindkumar Becharbhai Patel NFAC, Delhi Vs. B/9, Pushparaj Apartment, Current Jurisdiction, Khatodra, Ward-1(2)(1), Surat-395002. Surat. [PAN : AFZPP2697C] (Appellant) .. (Respondent) Appellant by : Shri Mehul Shah, AR Respondent by: Shri Mukesh Jain, CIT. DR with Shri Ajay Uke, Sr.DR Date of Hearing 21.01.2026 Date of Pronouncement 22.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
The captioned three appeal have been filed by the Assessee against the separate order all dated 18.07.2025 passed by the Ld. Commissioner of Income- Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“the CIT(A) in short), under Section 250 of the Income-tax Act, 1961 (“the Act”), relating to the Assessment Year 2018-19.
2. On perusal of the record, we find that there was a delay in filing the appeals before the Ld. CIT(A). Since the assessee did not furnish sufficient cause for condonation of the delay, the Ld. CIT(A) dismissed the appeals in limini without dealing with the issues on merits. Before us, the Ld. Counsel for the assessee prayed that, given an opportunity, due compliance will be made before the Revenue authorities and all the necessary details, clarifications, and explanations would also be furnished to the Revenue authorities. Hence, in the interest of justice, we set aside the matters to the file of the Ld.CIT(A) for de novo to 841/Srt/2025 Asst. Year : 2018-19 - 2– adjudication. The assessee shall submit all the relevant bank statement/evidence/document before the Ld.CIT(A) and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments.
In the combined result, all the three appeal of the assessee are allowed for statistical purposes.
The order is pronounced in the open Court on 22.01.2026.
Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Surat; Dated 22.01.2026 **mv आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��थ� / The Respondent. 2. संबंिधत आयकर आयु� / Concerned CIT 3. 4. आयकर आयु� ( ) अपील / The CIT(A)- 5. िवभागीय �ितिनिध , , अिधकरण अपीलीय आयकर /DR,ITAT, Surat, 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat
Date of dictation …words processed by Hon’ble VP on his PC on 17.10.2025…………….
Date on which the typed draft is placed before the Dictating Member …03.11.2025…………………………