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Judgment
ORDER
This assessee’s appeal for Assessment Year 2023-24 arises against the Addl./JC IT(A), Visakhapatnam’s DIN & order No.IT BA/APL/S/250/2025-26/1084533624(1) dated 07.01.2026, 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 the delay of 562 days in filing of the assessee’s lower appeal institute d on 01.07.2025 against the Assessing Officer’s assessment framed on 26.03.2024 thereby holding that the same had not been explained in light o f 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 his contro l.
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.
Order Pronounced in the Open Court o n 17/03/2026.