SRI SAI CONSTRUCTIONS,HYDERABAD vs. DCIT., CIRCLE-2(1), HYDERABAD
What did the Tribunal hold?
The Tribunal held that the CIT(A) did not satisfactorily deal with the factual aspect of the delay and that technicalities should not stand in the way of substantial justice. The delay was condoned, and the appeal was restored to the CIT(A) for a decision on merits.
What were the facts?
The assessee filed an appeal before the CIT(A) with a delay of 102 days, citing health reasons of their Finance Manager. The CIT(A) refused to condone the delay without adequately addressing the assessee's plea.
What were the issues?
Whether the CIT(A) erred in refusing to condone the delay in filing the appeal without properly considering the reasons provided by the assessee.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES “B”, HYDERABAD
Before: SHRI MANJUNATHA G. & SHRI K.NARASIMHA CHARY
आदेश / ORDER PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 21/01/2024 passed by the learned Commissioner of Income Tax (Appeals)- National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Sri Sai Constructions (“the assessee”) for the assessment year 2015-16, assessee preferred this appeal.
At the outset, it is brought to our notice that the learned CIT(A) refused to condone the delay in filing the appeal before him stating that there was no sufficient good reason to condone the delay. On a perusal of record, we find that the assessee pleaded before the learned CIT(A) that due to the health reasons of this Finance Manager, Shri Satish and he was passing through most critical circumstances of his life, it could not prefer the appeal within time though they are conscious of the fact of the importance of complying with the law. On a perusal of the impugned order, we further find that though the learned CIT(A) stressed the need of assessee establishing the sufficient and good reason for condoning the delay, he did not deal with the factual aspect involved in this matter satisfactorily and nowhere did he say with cogent reasons, that the reason pleaded by the assessee does no constitute sufficient or good reason to condone the delay.
On a careful consideration of the matter, we are of the considered that since the sufficiency of reason pleaded by the party varies from case to case, a finding has to be recorded as to the insufficiency of such reason before refusing to condone the delay. Be that as it may, the fact remains that the assessee does not stand to gain by filing the appeal with delay and running the risk of being denied the chance of diligently conducting their case on merits. In these circumstances pleaded by the assessee, we do not find the delay of 102 days an inordinate delay or that a case could be thrown out at the threshold without testing the merits thereof. Above all, in this set of circumstances, the highest that would happen by condoning the delay is that the merits of the case could be tested according to law. It is the settled principle of law that when the technicalities are pitted against the delivery of substantial justice, the former must give way to the latter.
With this view of the matter, we set aside the impugned order by condoning the delay and restore the appeal to the file of the learned CIT(A) for deciding the appeal on merits according to law, after affording an opportunity to the assessee of being heard. Needless to say that the assessee shall co-operate in the first appellate proceedings for disposal thereof on merits. Grounds are accordingly treated as allowed for statistical purposes.
In the result, appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open court on this the 25th day of April, 2024.
Recent GST High Court judgments
Search GST case law →- Tvl. Sri Bhuvaneshwari And Co vs. The Deputy Commissioner (St)Madras · 15 Oct 2026
- Giri Paints vs. The Assistant Commissioner (St)Madras · 15 Oct 2026
- Rahul Radheshyam Chauhan vs. Union Of INDIA Thru The Sec. Ministry Of Law And Justice And OrsBombay · 15 Oct 2026
- S.Murugesan vs. The Deputy Commercial Tax OfficerMadras · 15 Oct 2026
- Tvl. Annai Garden vs. The Commercial Tax Officer / The State Tax OfficerMadras · 15 Oct 2026