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IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA

BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER

ITA No.2467/Kol/2026 Assessment Year: 2012-13

Ashok Agarwal ITO, Circle-3(2), Gangotk

C/o Subash Agarwal &

Associates, Vs Advocates, Siddha Gibson, 1, Gibson Lane, Sunite 213, 2^nd

Floor, Kol-69.

(PAN: APEPA7890M)

(Appellant) (Respondent)

Assessee by : Shri Siddharth Agarwal, AR Revenue by : Shri Sobhan Sutradhar, Sr. DR

Date of Hearing : 14.09.2026 Date of Pronouncement : 14.09.2026

ORDER

Per George Mathan, JM:

This is an appeal filed by the assessee against the order of the CIT(A),

NFAC, Delhi [hereinafter referred to as the ‘CIT(A)’] in appeal no.NFAC/2011-12/10620807 dated 25.05.2026 for the assessment year

2012-13.

2. Shri Siddharth Agarwal, AR represented on behalf of the assessee and Shri Sobhan Sutradhar, Sr. DR represented on behalf of the revenue.

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ITA No.2467/Kol/2026

3. It was submitted by the ld. AR that the assessment order was passed on 01.12.2019. It was the submission that the assessee was under the belief that the decision of the Hon’ble Supreme Court in regard to exemption u/s 10(26AAA) was sub-judice and therefore, the assessee has kept quiet. It was the submission that subsequently in 2023, the Hon’ble Supreme Court clarified the issue of exemption u/s 10(26AAA). It was the submission that the assessee had not received the copy of the assessment order and the assessee has raised the issue with the CPC and the issue

was resolved only on 08.04.2026. The resolution reads as follows:

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ITA No.2467/Kol/2026

3.1 It was the submission that once the assessee got the assessment

order, the assessee has filed the appeal. It was the submission that the

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ITA No.2467/Kol/2026

issue may be restored to the file of the ld. CIT(A) so that the assessee would

be able to explain before the ld. CIT(A).

4. In reply, the ld. Sr. DR has submitted that the service of the assessment order is taken on 08.04.2026, the appeal having been filed on 07.05.2026. He has also submitted that he has no objection if the issues

are restored to the file of the ld. CIT(A) for re-adjudication.

5. We have considered the rival submissions. As it is noticed that the assessment order has been served on 09.04.2026 and the assessee has filed the appeal within the specified time and there is no delay in filing the appeal before the ld. CIT(A). This being so, the order of the ld. CIT(A) dismissing the appeal of the assessee in limine on account of delay stands set aside and the issues in this appeal are restored to the file of the ld. CIT(A) for adjudication on merits after granting the assessee adequate

opportunity of being heard.

6. In the result, the appeal of the assessee is partly allowed for

statistical purposes.

Order pronounced in the open court on 14/09/2026.

Sd/- Sd/-

[Rakesh Mishra] [George Mathan]

/Accountant Member /Judicial Member लेखा सदस्य न्याययक सदस्य Dated: 14/09/2026

RS

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ITA No.2467/Kol/2026

Copy of the order forwarded to:

1. Appellant -

2. Respondent –

3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy//

By order

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