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18 results for “condonation of delay”+ Section 271Fclear

Sorted by relevance

Jaipur37Mumbai33Ahmedabad28Delhi23Karnataka21Surat20Pune18Lucknow18Bangalore14Indore13Amritsar9Hyderabad7Nagpur7Chennai7Visakhapatnam6Chandigarh6Kolkata5Patna5Jabalpur3Allahabad3Rajkot2SC1Guwahati1Agra1

Key Topics

Section 69A29Penalty18Addition to Income17Cash Deposit16Section 115B15Section 14715Section 14815Section 14412Condonation of Delay

RAJNESH KUMAR,SITAPUR vs. THE INCOME TAX OFFICER, SITAPUR

In the result, these appeals of the assessee are allowed for statistical purposes

ITA 302/LKW/2025[2015-16]Status: DisposedITAT Lucknow09 Jan 2026AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri K. R. Rastogi, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 271(1)(b)Section 44ASection 69A

271F of the Income Tax Act, 1961 (“Act”, for short), pertaining to the assessment year 2015-16. 2. For the sake of convenience, these appeals were heard together and are being disposed of by way of consolidated order. First, we take up the ITA. No. 301/LKW/2025 (Quantum Appeal), pertaining to the A.Y. 2015-16. The assessee has raised the following

RAJNESH KUMAR,SITAPUR vs. THE INCOME TAX OFFICER, SITAPUR

12
Natural Justice10
Demonetization9
Section 142(1)6

In the result, these appeals of the assessee are allowed for statistical purposes

ITA 304/LKW/2025[2015-16]Status: DisposedITAT Lucknow09 Jan 2026AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri K. R. Rastogi, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 271(1)(b)Section 44ASection 69A

271F of the Income Tax Act, 1961 (“Act”, for short), pertaining to the assessment year 2015-16. 2. For the sake of convenience, these appeals were heard together and are being disposed of by way of consolidated order. First, we take up the ITA. No. 301/LKW/2025 (Quantum Appeal), pertaining to the A.Y. 2015-16. The assessee has raised the following

RAJNESH KUMAR,SITAPUR vs. THE INCOME TAX OFFICER, SITAPUR

In the result, these appeals of the assessee are allowed for statistical purposes

ITA 303/LKW/2025[2015-16]Status: DisposedITAT Lucknow09 Jan 2026AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri K. R. Rastogi, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 271(1)(b)Section 44ASection 69A

271F of the Income Tax Act, 1961 (“Act”, for short), pertaining to the assessment year 2015-16. 2. For the sake of convenience, these appeals were heard together and are being disposed of by way of consolidated order. First, we take up the ITA. No. 301/LKW/2025 (Quantum Appeal), pertaining to the A.Y. 2015-16. The assessee has raised the following

RAJNESH KUMAR,SITAPUR vs. THE INCOME TAX OFFICER, SITAPUR

In the result, these appeals of the assessee are allowed for statistical purposes

ITA 301/LKW/2025[2015-16]Status: DisposedITAT Lucknow09 Jan 2026AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri K. R. Rastogi, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 271(1)(b)Section 44ASection 69A

271F of the Income Tax Act, 1961 (“Act”, for short), pertaining to the assessment year 2015-16. 2. For the sake of convenience, these appeals were heard together and are being disposed of by way of consolidated order. First, we take up the ITA. No. 301/LKW/2025 (Quantum Appeal), pertaining to the A.Y. 2015-16. The assessee has raised the following

DINESH KUMAR GUPTA,LUCKNOW vs. INCOME TAX OFFICER-2(1), LUCKNOW

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 695/LKW/2024[2017-18]Status: DisposedITAT Lucknow23 Jan 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Dinesh Kumar Gupta V. Ito-2(1) 69/192, Chitvapur Lucknow Station Road, Lucknow Tan/Pan:Akcpg5937A (Appellant) (Respondent) Appellant By: Shri Shailendra Mishra, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 22 01 2025 Date Of Pronouncement: 23 01 2025 O R D E R

For Appellant: Shri Shailendra Mishra, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 115BSection 131Section 142(1)Section 144Section 44Section 44ASection 69A

sections 271AAC, 270A and 271F of the Act separately. 3. Aggrieved, the assessee preferred an appeal before the Ld. First Appellate Authority. The appeal was migrated to NFAC, which dismissed the appeal of the assessee by passing an order ex-parte qua the assessee. 4. Now, the assessee has approached this Tribunal challenging the dismissal of its appeal

RAJESH KUMAR TIWARI,GONDA vs. ADDL./JOINT/DEPUTY/ACIT/ITO, , NFAC

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 45/LKW/2025[2017-18]Status: DisposedITAT Lucknow03 Mar 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Rajesh Kumar Tiwari V. Addl./Joint/Deputy/Acit/Ito, Tharakki Patti Nfac, Delhi Gorwaghat, Gonda Tan/Pan:Ajapt7765Q (Appellant) (Respondent) Appellant By: None Respondent By: Shri Sunil Kumar Rajwanshi, D.R. Date Of Hearing: 03 03 2025 Date Of Pronouncement: 03 03 2025 O R D E R

For Appellant: NoneFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 115BSection 147Section 148Section 234ASection 250Section 69A

271F of the Act. 4. Aggrieved, the Assessee preferred an appeal before the NFAC. However, the appeal before the NFAC came to be dismissed for the reason of non-compliance by the Assessee. 5. Now, the Assessee has approached this Tribunal challenging the action of the NFAC by raising the following grounds of appeal: ITA No.45/LKW/2025 Page

UMA SHANKAR AWASTHI,UNNAO vs. INCOME TAX OFFICER- 2(4), UNNAO

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 773/LKW/2024[2017-18]Status: DisposedITAT Lucknow11 Feb 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Uma Shanker Awasthi V. Income Tax Officer 2(4) House No.76 Unnao Hiran Nagar, Unnao Tan/Pan:Afypa1750N (Appellant) (Respondent) Appellant By: Shri Akshay Agrawal, Advocate Respondent By: Shri Sunil Kumar Rajwanshi, D.R. Date Of Hearing: 06 02 2025 Date Of Pronouncement: 11 02 2025 O R D E R

For Appellant: Shri Akshay Agrawal, AdvocateFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 115BSection 144Section 69A

sections 271AAC, 271A, 271B and 271F of the Act, separately. 4. Aggrieved, the assessee preferred an appeal before the NFAC, who dismissed the appeal of the assessee after admitting additional evidences and considering the Remand Report of the AO. 5. Now, the assessee has approached this Tribunal challenging the dismissal of its appeal by the Ld. NFAC by raising

MRS. RANJANA,MRIZAPUR vs. ASSESSING OFFICER, NFAC, DELHI

In the result, the appeal of the assessee is partly allowed

ITA 505/LKW/2025[2015-16]Status: DisposedITAT Lucknow31 Dec 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Mrs Ranjana V. The Assessing Officer Village Dewapur Pachwal Nafc Post Rajapur, Aamghat Mirzapur (U.P) Tan/Pan:Aoxpr7130M (Applicant) (Respondent) Applicant By: Shri Narendra Kumar Sahu, Advocate Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 31.03.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2015-16. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed Her Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Purchased An Immovable Property Valued At Rs.60,00,000/- . The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice To The Assessee Under Section 148 Of The Act. However, The Assessee Neither Responded To The Notice Under Section 148 Of The Act Nor Filed Any Return Of Income For The Year Under Consideration. The Assessing Officer (Ao)

For Respondent: Shri R.R.N. Shukla, D.R
Section 142(1)Section 147Section 148Section 250Section 69

271F of the Act, separately. 2.4 Aggrieved, the Assessee preferred an appeal before the National Faceless Appeal Centre, Delhi (NFAC), wherein the assessee furnished additional evidences, on which the NFAC sought Remand Report from the AO. The AO submitted his Remand Report dated 22.02.2025, based on which the NFAC deleted the addition of Rs.52,70,000/- and sustained the addition

SANTOSH KUMAR GUPTA,LUCKNOW vs. THE ASSESSMENT UNIT, NFAC, DELHI/ITO-1(4), LUCKNOW

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 498/LKW/2025[2017-18]Status: DisposedITAT Lucknow31 Dec 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Santosh Kumar Gupta V. The Assessment Unit (Nfac) 624 61, Chinhat Ito 1(4), Lucknow Faizabad Road Lucknow (U.P) Tan/Pan:Ahspg3013E (Applicant) (Respondent) Applicant By: Shri Mahendra Kumar, Fca Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 29.05.2024, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2017-18. 2.0 The Brief Facts Of The Case Are That The Assessee Was Carrying On The Business Of Mobiles, Electrical & Electronic Goods. The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Made Cash Deposits Of Rs.15,60,000/- During The Demonetization Period (From 09.11.2016 To 31.12.2016) In His Four Different Bank Accounts Bearing A/C Nos.20050580560 & 31121736248, Maintained With State Bank Of India, Chinhat Branch, Lucknow, A/C No.1840210572, Maintained With Central Bank Of India

For Respondent: Shri R.R.N. Shukla, D.R
Section 115BSection 133(6)Section 144Section 44ASection 69A

271F and 270A of the Act, separately. 2.3 Aggrieved, the Assessee preferred an appeal before the NFAC, which dismissed the appeal of the assessee and confirmed the order of the AO. 2.4 Now, the assessee has approached this Tribunal challenging the orders of the AO as well as the NFAC, by raising the following grounds of appeal: 1. Because

WAQF DARGAH RAJJAB SALAR,BAHRAICH vs. INCOME TAX OFFICER-1, BAHRAICH

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 22/LKW/2025[2018-19]Status: DisposedITAT Lucknow24 Feb 2025AY 2018-19

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Waqf Dargah Rajjab Salar Vs. Ito-1 C/O Kazi Faizur Rehman Bahraich - New C-90, Sector M Aliganj, Lucknow Tan/Pan:Aaaaw7179H (Appellant) (Respondent) Appellant By: Shri Saurabh Gupta, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 20 02 2025 Date Of Pronouncement: 24 02 2025 O R D E R

For Appellant: Shri Saurabh Gupta, C.AFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 115BSection 147Section 148Section 194ASection 69A

sections 271AAC(1), 271F and 272A(1)(d) of the Act, separately. 3. Aggrieved, the Assessee preferred an appeal before the NFAC, which dismissed the appeal of the assessee for the reason of there being a delay of 33 days in filing of the appeal before the NFAC. ITA No.22/LKW/2025 Page 3 of 5 4. Now, the assessee has approached

ANIS AHMAD,KANPUR vs. INCOME TAX OFFICER, WARD-1(3)(1), KANPUR

The appeal of the assessee stands partly allowed

ITA 463/LKW/2025[2017-18]Status: DisposedITAT Lucknow31 Oct 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Anis Ahmad V. The Income Tax Officer 95/91, Ameen Ganj Ward 1(3)(1) Parade, Kanpur (U.P) Kanpur Tan/Pan:Aozpa6913K (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri R.R.N. Shukla, D.R. O R D E R

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri R.R.N. Shukla, D.R
Section 115BSection 142(1)Section 144Section 271ASection 69Section 69A

271F of the Act, separately. 2.4 Aggrieved, the Assessee preferred an appeal before the NFAC, which partly allowed the appeal of the assessee by deleting an amount of Rs.2.50 lakhs and sustaining the balance addition of Rs.10.50 lakhs out of the addition of Rs.13.00 lakhs under section 69A of the Act. 2.5 Now, the assessee has approached this Tribunal challenging

RAJENDRA KUMAR JAISWAL,BARABANKI vs. INCOME TAX OFFICER, BARABANKI

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 476/LKW/2025[2017-18]Status: DisposedITAT Lucknow27 Oct 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Shri Rajendra Kumar Jaiswal V. The Income Tax Officer – 5(5) Sumerganj Dharauli Ram Barabanki - 2 Sanehi Ghat Barabanki (U.P) Tan/Pan:Ajnpj8871G (Appellant) (Respondent) Appellant By: None Respondent By: Shri R.R.N. Shukla, D.R. O R D E R

For Appellant: NoneFor Respondent: Shri R.R.N. Shukla, D.R
Section 115BSection 133(6)Section 142(1)Section 144Section 69A

271F and 272A(1)(d) of the Act, separately. 4. Aggrieved, the Assessee preferred an appeal before the Ld. First Appellate Authority, who dismissed the appeal of the assessee and confirmed the order of the AO. 5. Now, the assessee has approached this Tribunal challenging the order of the Addl/JCIT(A)-11, Delhi, by raising the following grounds of appeal

RANDHEER SINGH,FAIZABAD vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NFAC, CENTRE, DELHI

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 218/LKW/2025[2017-18]Status: DisposedITAT Lucknow31 Jul 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2017-18 Randheer Singh V. The Assessment Unit Nara Pura Bazar Income Tax Department Faizabad Nfac, Delhi Tan/Pan:Gpfps1546D (Appellant) (Respondent) Appellant By: Shri Shailendra Mishra, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Shailendra Mishra, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 115BSection 144BSection 147Section 147rSection 148Section 69A

271F and 272A(1)(d) of the Act, separately. 3.0 Aggrieved, the assessee preferred an appeal before the NFAC. However, the appeal before the NFAC came to be dismissed ex-parte qua the assessee for the reason of non- compliance by the Assessee. ITA No.218/LKW/2025 Page 3 of 6 4.0 Now, the assessee has approached this Tribunal challenging the orders

KALYAN KUMAR,SANT KABEER NAGAR vs. COMMISSIONER OF INCOME TAX APPEAL, BASTI

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 239/LKW/2025[2017-18]Status: DisposedITAT Lucknow31 Jul 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year:2017-18 Kalyan Kumar V. The Ito Ruihatta, Mehdawal Basti - New Sant Kabir Nagar (U.P) Tan/Pan:Bmmpk2586A (Appellant) (Respondent) Appellant By: None Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: NoneFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 115BSection 147Section 148Section 69A

sections 271AAC(1), 271F, 270A and 272A(1)(d) of the Act, separately. 3.0 Aggrieved, the assessee preferred an appeal before the NFAC. However, the appeal before the NFAC came to be ITA No.239/LKW/2025 Page 3 of 6 dismissed ex-parte qua the assessee by the NFAC not condoning the delay

RAKESH KUMAR,BARABANKI vs. INCOME TAX OFFICER, WARD 5(5), BARABANKI

The appeal of the assessee stands partly allowed

ITA 438/LKW/2025[2017-18]Status: DisposedITAT Lucknow07 Jan 2026AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Rakesh Kumar V. The Income Tax Officer Naka Paisar Ward 5(5) Deen Dayal Nagar Barabanki Barabanki (U.P) Tan/Pan:Awkpk2247F (Applicant) (Respondent) Applicant By: Shri Rakesh Garg, Advocate Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 27.12.2023, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2017-18. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Deposited Rs.11,40,000/- During The Demonetization Period, I.E., From 09.11.2016 To 30.12.2016 In His Bank Account No.752530110000014 Maintained With Bank Of India, Subeha Bazar, Haidergarh. Thereafter, The Assessing Officer (Ao) Issued Statutory Notices To The Assessee, Requiring The Assessee To Explain The Source Of Cash Deposits In His Bank Account. Since There Was No Compliance From The Side Of The

For Respondent: Shri R.R.N. Shukla, D.R
Section 115BSection 133(6)Section 144Section 249(4)Section 249(4)(b)Section 68

271F of the Act, separately. 2.4 Aggrieved, the Assessee preferred an appeal before the NFAC, which dismissed the appeal of the assessee as un- admitted for the reasons that ‘(1) Tax on returned income not paid/particulars of payment not mentioned and (2) Form 35 is incomplete/not filled properly especially Column No.8 & 9’ and confirmed the order

MOHAMMAD AHMAD,BASTI vs. ITO, BASTI

The appeal of the assessee stands partly allowed for statistical purposes

ITA 610/LKW/2024[2017-18]Status: HeardITAT Lucknow19 Nov 2024AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Mohammad Ahamad V. The Income Tax Officer Prop. M/S Royal Associates Basti Pancparia Road Gandhi Nagar, Basti Tan/Pan:Awmpa3926F (Appellant) (Respondent) Appellant By: Shri Shailendra Mishra, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 14 11 2024 Date Of Pronouncement: 19 11 2024 O R D E R

For Appellant: Shri Shailendra Mishra, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 139Section 142(1)Section 144

sections 270A, 272A(1)(d) and 271F of the Act. Aggrieved, the assessee preferred an appeal before 4. the Ld. First Appellate Authority. The appeal was migrated to NFAC, who estimated the profit margin @4% as against 8% estimated by the AO, by holding that the profit margin of 8% taken by the AO seemed to be on the higher

NITYANAND,SANT KABIR NAGAR vs. INCOME TAX OFFICER, BASTI, BASTI

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 470/LKW/2025[2016-17]Status: DisposedITAT Lucknow07 Jan 2026AY 2016-17

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2016-17 Nityanand V. The Income Tax Officer Vill. & Post Dhamaicha Basti Sant Kabir Nagar (U.P) Tan/Pan:Agzpn3158R (Applicant) (Respondent) Applicant By: Shri Vikram Acharya, Aca Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 06.03.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2016-17. 2.0 The Brief Facts Of The Case Are That The Assessee Was A Teacher Employed With The Government Of U.P. & Earned Salary Income. The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Made Cash Deposits To The Tune Of Rs.2,16,55,000/- In His Bank Account No.144200101001330 Maintained With Corporation Bank During The Year Under Consideration & The Cash Deposited By The Assessee During The Demonetization Period, I.E. From 01.04.2015 To 31.302.016 Was Rs.15,05,000/-. The Assessing Officer (Ao)

For Respondent: Shri R.R.N. Shukla, D.R
Section 115BSection 142(1)Section 143(3)Section 144Section 147Section 148Section 69A

271F of the Act, separately. 2.2 Aggrieved, the Assessee preferred an appeal before the NFAC, which dismissed the appeal of the assessee and confirmed the order of the AO. 2.3 Now, the assessee has approached this Tribunal challenging the order of the NFAC, by raising the following grounds of appeal: 1) At the outset, the appellant vehemently denies all accusations

IQBAL,HARDOI vs. ITO-3(2), HARDOI, HARDOI

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 64/LKW/2025[2015-16]Status: DisposedITAT Lucknow11 Mar 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Iqbal V. Ito-3(2) C/O Sanjay Saxena Hardoi 12, Pratap Enclave Bisrat G.T. Road Shahjahanpur Tan/Pan:Aefpi2064H (Appellant) (Respondent) Appellant By: Shri Sanjay Saxena, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, D.R. Date Of Hearing: 05 03 2025 Date Of Pronouncement: 11 03 2025 O R D E R

For Appellant: Shri Sanjay Saxena, C.AFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 144Section 147Section 148Section 271FSection 56(2)(vii)

section 271F of the Act, separately. 5. Aggrieved, the assessee preferred an appeal before the Ld. First Appellate Authority. Subsequently, the case of the assessee was migrated to NFAC, which dismissed the appeal of the assessee for the reason of delay in filing of the appeal before the Ld. First Appellate Authority. 6. Now, the assessee has approached this Tribunal