OIL INDUSTRY DEVELOPMENT BOARD,DELHI V. DCIT, DELHI

ITA 5474/DEL/2024

AI Insights

The case involves the Oil Industry Development Board, an autonomous institution under the Ministry of Petroleum, Oil & Natural Gas, which appealed against the order of the NFAC Delhi. The NFAC had dismissed their appeal as time-barred concerning an assessment order that added significant amounts to the assessee's declared income for the assessment year 2011-12. The ITAT found that the NFAC should have considered the sufficient cause shown by the assessee for the delay in filing the appeal and should have adjudicated the appeal on its merits rather than dismissing it on procedural grounds.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 397046 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Laws Referred To: Income Tax Act 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU MUKHERJEE
• Assessee Lawyers: RAHUL TYAGI
• Keywords: Set aside
• Section: 143(3); 142(1)

Judgement Text

" ITA No. 5474/Del/ 2024 A.Y.2011-12 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. SHAMIM YAHYA, ACCOUNTANT MEMBER AND SH. SUDHIR KUMAR, JUDICIAL MEMBER ITA No.5474/Del/2024 Assessment Year: 2011-12 Oil Industry Development Board, 301, World Trade Centre, Cannaught Circus New Delhi. PAN NO. AAAJO0032A Vs. DCIT, Circle -51 (1), New Delhi (APPELLANT) (RESPONDENT) Appellant by Shri Rahul Tyagi, CA Respondent by Ms. Ranu Mukherjee CIT DR Date of hearing: 27/05/2025 Date of Pronouncement: 27 /05/2025 ORDER PER SUDHIR KUMAR, JUDICIAL MEMBER: This appeal is preferred by the assessee against the order dated 27.09.2024 of the National Faceless Appeal Centre Delhi [hereinafter referred to as “NFAC)”] passing against the ITA No. 5474/Del/ 2024 A.Y.2011-12 assessment order vide order dated 29.01.2022 for the assessment year 2011-12 u/s 143(3) r.w.s. 254 read with section 144B of the Income Tax Act 1961[hereinafter referred to as “the Act”]. 2. The brief facts of the case are that the assessee is an autonomous institution under the aegis of Ministry of petroleum, Oil & Natural Gas constituted by an act of Parliament called Oil Industries (Development) Act, 1974 and is engaged in providing financial assistance for the development of oil industry. The assessee has filed return of income declaring total income of Rs 477,61,36,190/-on 29-09-2011. The case of the assessee was selected for scrutiny under CASS. Notice u/s 143(2) and 142(1) of the Act were issued and duly served upon the assessee. In the response to the notice the Ld. AR of the assessee has attended the proceedings. The AO completed the assessment by making the addition of Rs. 15,88,00,000/- u/s 36 (1) (xii) of the Act and Rs 61,644/- as undisclosed receipts. ITA No. 5474/Del/ 2024 A.Y.2011-12 Aggrieved the order of the AO the assessee preferred the appeal before the Ld. NFAC Delhi who vide his order dated 27-09-2024 dismissed the appeal treated as time barred. Being aggrieved the order of the Ld. NFAC the assessee is in appeal before the Tribunal. 3. Ld. AR for the assessee submitted that the appeal was dismissed treating time barred by the appellate authority. The assessee has moved the application to condone the delay showing the sufficient cause for condonation. He submitted that the appeal be admitted for adjudication on merit and delay be condoned. 4. Ld. CIT DR submitted that no sufficient cause has been shown by the assessee for condone the delay in filling the appeal. He further stated that the appeal was rightly dismissed by the Ld. NFAC. 5. We have heard the rival contention and perused the material available on record. ITA No. 5474/Del/ 2024 A.Y.2011-12 6. The assessee has filed the application for condonation the delay in filing the appeal. The assessee has shown the sufficient cause not to file with in time in the application. The Ld. NFAC should have condoned the delay in filing the appeal and should have heard the appeal on merit because the assessee has shown the sufficient cause not to file the appeal with in time. Therefore, we condoned the delay in filing the appeal before the Ld. NFAC and the matter is remand back to the Ld. NFAC to decide the matter as a fresh after giving the opportunity of the being heard to the assessee. Therefore, we set aside the order passed by the Ld. NFAC Delhi. 7. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 27 .05.2025. Sd/- Sd/- (SHAMIM YAHYA) (SUDHIR KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Date: 27 .05.2025 Pooja, Sr. PS ITA No. 5474/Del/ 2024 A.Y.2011-12 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) ` 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA No. 5474/Del/ 2024 A.Y.2011-12 Sr. No. Particulars Date 1 Date of dictation of Tribunal Order 2 Date on which the typed draft Tribunal Order is placed before the Dictation Member 3 Date on which the typed draft Tribunal Order is placed before the other Member 4 Date on which the approved draft Tribunal Order comes to the Sr. P.S. /P.S. 5 Date on which the fair Tribunal Order is placed before the Dictating Member for pronouncement 6 Date on which the signed order comes back to the Sr. P.S. /P.S 7 Date on which the final Tribunal Order is uploaded by the Sr. P.S. /P.S. on official website 8 Date on which the file goes to the Bench Clerk along with Tribunal Order 9 Date of killing off the disposed of files on the judiSIS portal of ITAT by the Bench Clerks 10 Date on which the file goes to the Supervisor (Judicial) 11 Date on which the file goes for Xerox 12 Date on which the file goes for endorsement 13 Date on which the file goes to the superintendent for checking 14 The date on which the file goes to the Assistant Registrar for signature on the tribunal order 15 Date on which the file goes to dispatch section 16 Date of Dispatch of the Order "