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Judgment
This assessee’s appeal for Assessment Year 2022-23 arises against the Addl./JCIT(A) -2, Hyderabad’s DIN & order No.IT BA/APL/S/250/2025-26/1081218586(1) dated 26.09.2025, in proceed ings u/s 143(1) of the Income Tax Act, 1961 (in shor t “the Act”).
Heard both the p arties at length. Case file perused.
It emerges during the course o f hearing with the able assistance co ming from both the sides that the learned C IT(A) has refused to condone de lay of 475 days in filing of the assessee’s lower appeal institute d on 17.10.2024 against the CPC’s impugned section 143(1) “processing” date d 31.05.2023 thereby ho lding that the same had not been explained in light of the justifiable reasons.
Faced with this situation, learned departmental representative could hardly dispute that the assessee had indeed explained the above delay before the CIT(A) explaining all the reasons on account of circumstances beyond it’s co ntrol.
That being the case, I hereby quote Co llector, Land & Acquisition Vs. Mst. Katiji & O thers (1987) 167 ITR 471 (SC), settling the issue long back that all such technical aspects must make way for the cause of substantial justice and restore the assessee’s instant appeal back to the C IT(A) for his afresh appropriate adjudication within three effective opportunities subject to a rider that the assessee shall plead and prove the case at his own risk and responsibility, in consequential proceedings. Ordered accord ing ly.
This assessee’s appeal is allowed for statistical purposes.