SURESH KUMAR,VILLAGE SARHERA V. ITO WARD - 4, HISAR

ITA 5041/DEL/2025

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 773720 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 20-08-2025
• Other Referred Cases: Cognizance for Extension of Limitation, In Re (2022) 441 ITR 722 (SC), Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR
• Keywords: Set aside
• Section: 147; 144

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. Satbeer Singh Godara, Judicial Member ITA No. 5041/Del/2025 : Asstt. Year : 2012-13 Suresh Kumar, VPO Sarhera, Tehsil Barwala, District Hisar, Haryana-125121 Vs Income Tax Officer, Ward-4, Hisar, Haryana-125001 (APPELLANT) (RESPONDENT) PAN No. CPBPK9288N Assessee by: None Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 23.09.2025 Date of Pronouncement: 23.09.2025 ORDER This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1079637810(1) dated 14.08.2025, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”). 2. Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte. 3. It transpires during the course of hearing that the CIT(A)/NFAC has refused to condone 392 days delay in filing of the assessee’s lower appeal instituted on 19.02.2021 against the assessment order passed by the Assessing Officer on 17.12.2019. Printed from counselvise.com ITA No. 5041/Del/2025 Suresh Kumar 2 4. This being the clinching factual position, the Revenue could hardly dispute that the impugned almost the entire above intervening period between the assessment to the date of institution of above lower appeal falls in Covid-19 pandemic outbreak period which already stood excluded for all intents/purposes as per hon’ble apex court landmark decision Cognizance for Extension of Limitation, in Re (2022) 441 ITR 722 (SC). 5. Faced with this situation and in light of the fact that the assessee has already explained the above period of delay of 392 days of institution of the lower appeal, the same is hereby condoned going by Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC). 6. This is indeed coupled with the facts that there is also no compliance to section 250(6) of the Act in the impugned lower appellate order stipulating points of determination to be framed followed by a detailed adjudication thereupon. It is therefore deemed appropriate in the larger interest of justice to set aside the assessee’s instant appeal back to the CIT(A)/NFAC for his afresh appropriate adjudication, within three effective opportunities of hearing at the appellant’s risk and responsibility, in consequential proceedings. Ordered accordingly. Printed from counselvise.com ITA No. 5041/Del/2025 Suresh Kumar 3 7. This assessee’s appeal is allowed for statistical purposes. Order Pronounced in the Open Court on 23/09/2025. Sd/- (Satbeer Singh Godara) Judicial Member Dated: 23/09/2025 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR Printed from counselvise.com "