SHIVRATAN MOTILAL RATHI,JALNA vs. INCOME TAX OFFICER, WARD-1, JALNA, JALNA
What did the Tribunal hold?
The tribunal held that the NFAC did not properly deal with the explanation for the delay and ought to have condoned it and decided the appeal on merits. The order of the NFAC was set aside.
What were the facts?
The assessee, an HUF, failed to file a regular return of income for AY 2010-11. A best judgment assessment was made after issuing a notice u/s 148. The appeal filed before the NFAC was dismissed in limine due to a delay of 562 days.
What were the issues?
Whether the NFAC was justified in refusing to condone the significant delay in filing the appeal without properly examining the 'sufficient cause' explanation provided by the assessee.
Which sections of the Income-tax Act were involved?
Section 139(1),Section 148,Section 142(1),Section 144,Section 147,Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI SATBEER SINGH GODARA & SHRI INTURI RAMA RAO
Assessee by : Shri Smruti Sabnis Revenue by : Shri B.S. Rajpurohit Date of hearing : 26.09.2024 Date of pronouncement : 26.09.2024 आदेश / ORDER PER INTURI RAMA RAO, AM :
This is an appeal filed by the assessee directed against the order of National Faceless Appeal Centre, Delhi dated 27.06.2024 passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) for the assessment year 2010-11.
Briefly, the facts of the case are that the appellant is an HUF and no regular return of income under the provisions of section 139(1) was filed for the A.Y. 2010-11. During the course of assessment proceedings 2 in the case of Mr. Deepak Kundanmal Rathi it was found that the appellant along with said Mr. Deepak Kundanmal Rathi constructed a residential apartment consisting of 13 flats and hospital building at Municipal No.,1-28-76, Survey No.4076, Mantha Road, Jalna. Based on this information, the Assessing Officer (AO) formed an opinion that income escaped assessment to tax since the appellant had not filed the return of income. Accordingly, notice u/s.148 was issued to the appellant on 11.03.2013 which was served on 14.03.2013. The appellant neither complied with notice u/s.148 nor notice u/s.142(1). In the circumstances, the AO vide order dated 27.02.2015 was constrained to pass best judgment assessment u/s.144 r.w.s.147 of the Act by bringing to tax his share of investment in the cost of construction of the said buildings of Rs.22,14,585/-.
Being aggrieved by the above assessment, an appeal was filed before the NFAC with a delay of 562 days. The NFAC placing reliance on the judgment of Hon’ble Supreme Court in the case of Pathapati Subba Reddy (Died) Vs. The Special Deputy Collector (LA) Special Leave Petition (Civil) Appeal No.31248/2018, dated 08.04.2024 refused to condone the delay, accordingly dismissed the appeal in limine on grounds of delay.
Being aggrieved, the appellant is in appeal before the Tribunal in the present appeal.
We heard the rival submissions and perused the material on record. The solitary issue in the present appeal relates to whether the NFAC was justified in refusing to condone the delay of 562 days. The explanation given for delay in filing the appeal before the NFAC is 3 extracted on page 2 of the impugned order. It was stated that the delay had occurred due to lack of coordination among the family members of the HUF and unawareness about the time limit specified for filing of appeals. The NFAC however relying on the judgment of Hon’ble Supreme Court in the case of Pathapati Subba Reddy (supra) refused to condone the delay. We had carefully gone through the order of the NFAC and find that the Hon’ble Supreme Court laid down that in the absence of ‘sufficient cause’ for delay, the delay need not be condoned. However, the NFAC had never dealt with the issue whether the explanation tendered by the appellant HUF tantamount to ‘sufficient cause’ or not, merely gave a bald finding that there was no ‘reasonable cause’ for filing the appeal late. In the absence of any material to disbelieve the explanation, in our considered opinion, the NFAC ought to have condoned the delay and decided the appeal on merit. Accordingly, we set-aside the order of NFAC and restore the matter back to the file of NFAC to decide the issue in appeal on merits after affording an opportunity of being heard to the appellant HUF.
In the result, the appeal filed by the assessee is partly allowed for statistical purposes.
More judgments on Section 139(1)
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- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
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