KAKATIYA UNIVERSITY WARANGAL,TELANGANA vs. DCIT., EXEMPTION CIRCLE-1(1), HYDERABAD
What did the Tribunal hold?
The CIT(A) dismissed the assessee's appeal without condoning the delay and without appreciating the merits of the case. The Tribunal is considering the assessee's contention that the delay should have been condoned.
What were the facts?
The assessee filed its return of income for AY 2021-22 admitting NIL income. The Assessing Officer made an addition of Rs. 23,93,22,374/- as unexplained income. The assessee filed an appeal before the CIT(A) with a delay of 37 days.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal without condoning the delay and without considering the merits of the case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘ B ‘ Bench, Hyderabad
Before: SHRI K. NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA
आदेश/ORDER PER SHRI MADHUSUDAN SAWDIA, A.M: This appeal filed by M/s. Kakatiya University (“the assessee”) feeling aggrieved by the order dated 21.02.2024 of the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“ld. CIT(A)”) relating to A.Y. 2021-22.
The brief facts in this case are that the assessee filed its Return of Income for the Assessment Year 2021-22 on 31.03.2022 admitting NIL income. Notices u/s.143(2) and 142(1) of the Income Tax Act, 1961 (“the Act”) were issued. After considering the reply of assessee, the Assessing Officer (“Ld. AO") passed an order u/s.143(3) of the Act making an addition of Rs.23,93,22,374/- to the income of the assessee as unexplained income.
Feeling aggrieved with the order of the Ld. AO, the assessee filed appeal before the Ld. CIT(A). There was delay of 37 days in filing the appeal before the Ld. CIT(A). The Ld. CIT(A) without condoning the delay in filing the appeal, dismissed the appeal of the assessee.
Feeling aggrieved with the order of Ld. CIT(A), the assessee is now in appeal before us, contending that the Ld.CIT(A) erred in not condoning the delay in filing the appeal and dismissed the appeal without appreciating the merits of the case. The Ld. AR submitted that the appeal before Ld. CIT(A) could not be filed in time due to the reason that the assessee noticed the order of Ld. AO in the income tax portal belatedly, due to change of the office of Registrar and Vice Chancellor of the University. The same reasons were also brought to the notice of the Ld. CIT(A). However, without considering the reasons given for delay, the Ld. CIT(A) did not condone the delay. Hence the Ld.AR requested before the Bench to condone the delay in filing the appeal before the Ld. CIT(A) and to issue a direction to the Ld. CIT(A) to decide the appeal on merits.
Per contra, the Ld. DR placed heavy reliance on the order of the authorities below and opposed the grant of further opportunity to the assessee.
We have heard the rival submissions and also gone through the records in the light of the submissions made on either side. The Ld. AR submitted that the appeals before Ld.CIT(A) could not be filed in time due to the reason that the assessee noticed the order of Ld. AO in the income tax portal belatedly, due to change of the office of Registrar and Vice Chancellor of the University. Considering the reasons submitted by the assessee, we are of the considered view that there was reasonable cause for the assessee to file the appeal with delay before Ld. CIT(A). Further considering the principle of natural justice, the highest that would happen by allowing an opportunity to the assessee is that a cause would be decided on merits. With this view of the matter, we are of the view that fresh opportunity could be given to the assessee. Accordingly, we condone the delay, set aside the impugned order and restore the issue to the file of Ld. CIT(A) to pass a fresh order on merits. Needless to say that the Ld. CIT(A) will afford an opportunity of hearing to the assessee before passing such order. The grounds of appeals are answered accordingly.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 21st June, 2024.
More judgments on Section 142(1)
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Subhash Chand Saini, Jaipur vs ITO Ward, Behror, BherorITA 36/JPR/2023[2017-18]Status: Disposed21 Oct 2026AY 2017-18
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Venish Vinodray Lalani, Rajkot vs Income Tax Officer, MorbiITA 197/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Gaurav Jiteshbhai Joshi, Rajkot vs Income Tax Officer, Ward 1(1)(1), RajkotITA 1000/RJT/2026[2022-23]Status: Disposed19 Oct 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026