Rishabh Dev. v. ITO (2025) 214 ITD 766 (Dehradun) (Trib.)

S. 249: Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay of 1386 days-Ex parte assessment-Non-receipt of notices as they were issued to the jail Superintendent while assessee’s father was in jail-Delay was condoned, and the matter was restored to the file of CIT(A) for decision on merits.[S. 144]

 

Assessing Officer passed an ex-parte assessment order against assessee under section 144. Assessee filed an appeal before CIT(A)  after a delay of 1386 days. CIT(A) dismissed the appeal on the ground of delay. On appeal, the assessee contended that his father was lodged in jail and notices were issued to the jail superintendent, and no compliance with the notices issued by the Assessing Officer could be made. Tribunal held that since ex parte orders had been passed by the Assessing Officer without serving notice to assessee, delay in filing appeal was condoned and matter was remanded back to CIT(A)  to decide afresh on merits. (AY. 2017-18)

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