Suresh Chandra Chaturvedi vs Commissioner Of Income Tax (Appeal)

PER MADHUMITA ROY, JUDICIAL MEMBER:

The instant appeal filed by the assessee is directed against the order dated 20.01.2026 passed by the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi [hereinafter referred to as the Ld. CIT(A)] under Section 250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') arising out of the Assessment Order dated 07.12.2019 passed by the Assessment Unit, Income Tax Department (hereinafter referred to as ‘the ld. AO’) under Section 143(3) r.w.s. 147 of the Act for Assessment Year 2012-13.

None appeared for the assessee at the time of hearing.

The appeal filed by the assessee before the Ld.CIT(A) was dismissed at the threshold being barred by limitation. The Ld.CIT(A) has not decided the appeal on merits also.

The explanation rendered by the assessee in support of delay seems to be genuine and in view of the above and in the light of the decision of the Hon’ble Supreme Court in the case Collector Land Acquisition vs. Mst. Katiji & others (1987) 167 ITR 471 (SC), the delay in filing the appeal before the CIT(A) is condoned and I set aside the order of the First Appellate Authority and remand the matter back to the file of the Ld. AO for deciding the issue afresh after giving the assessee due opportunity of hearing and after considering the evidence on record and any other evidence which the assessee may choose to file at the time of hearing.

In the result, appeal filed by the Assessee is allowed for statistical purposes.