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ITA 3736/MUM/2026

Case No: ITA 3736/MUM/2026
Court: INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI
Date: 24 Sep 2026

Parties Involved

appellantWAHEEDA MOHAMMEDIKRAM MALEK
respondentINCOME TAX OFFICER WARD 33(1)(1)

Facts Summary

The assessee, Waheeda Mohammedikram Malek, is an individual and senior citizen. The assessment proceedings were reopened by the Assessing Officer under section 147 of the Act based on information relating to the sale of an ancestral property. The assessee, along with other co-heirs, had executed a Deed of Conveyance for a total consideration of ₹1,15,00,000/-, while the Stamp Valuation Authority valued it at ₹4,35,97,000/-. The assessee did not comply with the notices issued during the reassessment proceedings, leading to an ex parte assessment order dated 26.05.2023. The assessee filed an appeal before the Ld. CIT(A) with an application for condonation of delay, explaining that the notices and assessment order were sent to her earlier address, and she was unaware of the proceedings due to her age and lack of familiarity with income-tax matters. The Ld. CIT(A) dismissed the appeal without condoning the delay of 136 days.…

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the delay of 136 days in filing the appeal before the Ld. CIT(A) deserves to be condoned?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

4 precedents cited in this judgement.

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ITA 3736/MUM/2026 | ITA 3736/MUM/2026 | 2026 | Opakhya