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Delay from Heart Surgery Held Valid Reason for Late Appeal: ITAT Bangalore

Case Law Details

TaxGuru Citation
2025 taxguru.in 10050
Case Name
G.K. Ravi Vs DCIT (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
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G.K. Ravi Vs DCIT (ITAT Bangalore)

CIT(A) not to adopt a pedantic and hypertechnical approach while deciding the application for condonation of delay.- Bang ITAT; ITAT Bangalore: Delay Due to Heart Surgery Treated as Sufficient Cause – Appeals Restored for Fresh Hearing

Bangalore Bench of ITAT   set aside the CIT(A)’s refusal to condone delay & restored the appeals for fresh adjudication.

CIT(A) had dismissed multiple appeals for delay of about 459 days without going into merits. The Assessee explained that the delay occurred due to serious illness & hospitalization, including major heart surgery in May 2024, and initial filing of a single consolidated appeal due to lack of procedural knowledge.

Tribunal found the explanation genuine, supported by extensive medical records showing prolonged treatment. It  directed the  CIT(A) not to adopt a pedantic and hype technical approach while deciding the application for condonation of delay.

FULL TEXT OF THE ORDER OF ITAT BANGALORE

1. All these 8 appeals are filed by the assessee wherein appeal for AYs 2013-14 to 2018-19 are against the consolidated Appellate order passed by the CIT(Appeals)-11, Bangalore [ld. CIT(A)] dated 19.3.2024 dismissing the appeals for the reason that the delay in filing the appeals was not condoned.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,130

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