SHRI BALBHADRA HARIDAS VAISHNAV,JUNAGADH vs. THE ITO, WARD-3, JUNAGADH
What did the Tribunal hold?
The Tribunal held that the appeal was not maintainable in law due to the unexplained delay and the absence of the assessee. Consequently, the appeal was dismissed in limine.
What were the facts?
The assessee filed an appeal with a delay of 15 days and did not provide any explanation or condonation petition. The assessee also did not appear before the Tribunal despite being served notice.
What were the issues?
Whether an appeal filed with an unexplained delay is maintainable before the Tribunal. The assessee's failure to appear and provide explanations for the delay.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: Shri Waseem Ahmed & Shri T.R. Senthil Kumar
Shri Balbhadra Haridas The Income-tax Vaishnav, Officer, Block No. 453, Vs Ward-3, Junagadh Street No. 15, Moti Baugh Road, (Respondent) Raijinagar, Junagadh-362001 PAN No: AATPV0194M (Appellant) Assessee Represented: None Revenue Represented: Shri B.D. Gupta, Sr.D.R. Date of hearing : 26-06-2023 Date of pronouncement : 28-06-2023 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-
This appeal is filed by the Assessee as against the Appellate order dated 27.11.2019 passed by the Commissioner of Income Tax (Appeals)-3, Rajkot, arising out of the exparte assessment order passed under section 144 r.w.s. 147 of the Income Tax Act, 1961 Page No 2 Shri Balbhadra Haridas Vaishnav Vs. ITO (hereinafter referred to as ‘the Act’) relating to the respective Assessment Year (A.Y) 2011-12.
The registry has noted that there is a delay of 15 days in filing the above appeal by the assessee. However the assessee has not filed any Affidavit or Petition to Condone the Delay. In spite of service of notice, None appeared on behalf of the assessee. This clearly shows that the assessee is not interested in pursuing the above appeal.
The Ld. Sr.D.R. Shri B.D. Gupta appearing for the Revenue submitted that the assessment order is exparte order passed u/s. 144 of the Act by the Assessing Officer after giving ample opportunities to the assessee. Even before the Commissioner (Appeals), the assessee not appeared in spite of various opportunities but filed written submission without any material evidences. Therefore in the absence of any details from the assessee in support of its grounds, the Ld. CIT(A) dismissed the appeal filed by the above assessee. Now before the Tribunal there is a delay of 15 days, but no explanation offered by the assessee, therefore the same is liable to be dismissed.
We have given our thoughtful consideration and perused the materials available on record. We do not find any Affidavit or Petition to Condone the Delay of 15 days in filing the above appeal by the assessee. Thus prima facie the appeal is not maintainable in law. In the absence of any explanation for the delay of 15 days in filing the above appeal by way Affidavit and Condonation Petition, Page No 3 Shri Balbhadra Haridas Vaishnav Vs. ITO we have no other option than to dismiss the above appeal as in limine.
In the result, the appeal filed by the Assessee is dismissed as not maintainable Order pronounced in the open court on 28-06-2023 Sd/- Sd/- (WASEEM AHMED) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 28/06/2023 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से,
उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, राजकोट
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- M/S Manorama Nayak, Khorda vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar Iv Circle, KhurdaOrissa · 14 Oct 2026
- Chandan Kumar Bathual vs. Superintendent, CGST And Central Excise, Cuttack-Iii Range, CuttackOrissa · 14 Oct 2026
- Manoranjan Sadangi vs. Superintendent, CGST And Central Excise, Gopalpur Range, GanjamOrissa · 14 Oct 2026
- Bijaya Kumar Parekh vs. State Tax Officer, CT And GST Balangir Circle, BalangirOrissa · 14 Oct 2026
- Puspanjali Bhuyan vs. The Commissioner Of CT And GST, OdishaOrissa · 14 Oct 2026