ANISUR RAHAMAN,KOLKATA V. I.T.O., WARD - 42(1), MURSHIDABAD

ITA 1818/KOL/2025

AI Insights

This case involves an appeal by Anisur Rahaman, representing Lawgical Consultants, against the order of the CIT(A), National Faceless Appeal Centre, Delhi, which dismissed the assessee's appeal due to delay. The assessee filed the appeal belatedly by 9 days and sought condonation of delay, which was supported by an affidavit stating sufficient reasons for the delay. The Tribunal found the reasons for the delay credible and condoned the delay, allowing the appeal to be admitted for disposal. The Tribunal also noted that the delay in filing the appeal before the CIT(A) was due to the negligence of the earlier counsel and, in the interest of justice, decided to restore the issues to the CIT(A) for fresh adjudication on merits.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 791125 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2018-2019
• Appeal Filed On: 12-08-2025
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MADHU MALATI GHOSH
• Assessee Lawyers: AVIJIT DEY
• Keywords: Condonation of delay; Opportunity of being heard

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER आयकर अपील सं/ITA No.1818/KOL/2025 (निर्धारण वर्ा / Assessment Year : 2018-2019) Anisur Rahaman, Lawgical Consultants, 29D, Bentick Street, Unit-ABC 3rd Floor, Kolkata-700001 Vs ITO Ward-42(1), Murshidabad PAN No. :AIFPR 0663 M (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee by Shri Avijit Dey, AR रधजस्व की ओर से /Revenue by : Ms. Madhu Malati Ghosh, CIT-DR सुनवाई की तारीख / Date of Hearing : 09/12/2025 घोषणा की तारीख/Date of Pronouncement : 09/12/2025 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 04.06.2025 for the assessment year 2018-2019. 2. The appeal of the assessee is filed belatedly by 09 days. In this regard, Id. AR filed an application for condonation of delay along with affidavit stating sufficient reasons therein for delay in filing the appeal, which are not found to be false. Therefore, the delay of 09 days in filing the present appeal is condoned and appeal is admitted to be disposed off. 3. It was the submission that ld. CIT(A) has dismissed the appeal of the assessee on account of delay. It was also submitted that delay before the ld.CIT(A) may kindly be condoned and the assessee may be given one more opportunity to represent its case before the ld. CIT(A), so that the Printed from counselvise.com ITA No.1818/KOL/2025 2 assessee could be able to provide the details before the CIT(A) to substantiate its case. 4. In reply, Ld. CIT-DR supported the orders of the ld. CIT(A) and the ld. AO. 5. We have considered the rival submissions. A perusal of the order of the ld. CIT(A), clearly shows that the ld.CIT(A) has dismissed the appeal of the assessee on delay. However, the ld. AR of the assessee before us submitted that due to negligent of the earlier counsel the delay was occurred in filing the appeal before the ld. CIT(A). Considering the prayer of the ld. AR, we condone the delay of 9 months 26 days in filing the appeal before the ld. CIT(A) and in the interest of justice, the issues in this appeal are restored to the file of the ld. CIT(A) for readjudication the issues afresh on merits after granting the assessee adequate opportunity of being heard. The assessee is directed to cooperate in the readjudication proceedings positively. 6. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 09/12/2025. Sd/- (RAJESH KUMAR) Sd/- (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 09/12/2025 Prakash Kumar Mishra, Sr.P.S. Printed from counselvise.com ITA No.1818/KOL/2025 3 आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशधिुसधर/ BY ORDER, (Assistant Registrar) Income Tax Appellate Tribunal, Kolkata 1. अपीलार्थी / The Appellant- 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file. सत्यापपत प्रतत //True Copy// Printed from counselvise.com "