MANISHA ENTERPRISES,MUMBAI vs. INCOME TAX OFFICER 26(2)(2), MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal condoned the 3-day delay in filing the appeal after being satisfied with the bonafides of the delay. The appeal was admitted for hearing on merits, with the assessee being allowed to opt for the Vivad Se Vishwas scheme.
What were the facts?
The assessee's appeal against the CIT(A)'s order was filed with a delay of 3 days. The assessee sought condonation of the delay, stating the partner was out of Mumbai. The assessee also expressed an intention to opt for the Vivad Se Vishwas scheme.
What were the issues?
The primary issue was whether the delay in filing the appeal should be condoned. The secondary consideration was the assessee's intention to settle the dispute under the Vivad Se Vishwas scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI “D” BENCH, MUMBAI
O R D E R Per Bench : 1. By way of this appeal, the assessee appellant has called into question correctness of the order dated 29.09.2017 passed by the learned CIT(A)-38, Mumbai in the matter of assessment u/s.271(1)(c) of the Income Tax Act, 1961, for the assessment year 2009-10.
2. When this appeal was taking up for hearing today it was noticed that the appeal is time barred by 3 days. In support of the petition seeking condonation of delay the assessee appellant has filed an affidavit contention set out below: Assessment Year: 2009-10 Page 2 of 3 I, Mrs. Manisha Vishnudas Kamat Partner, having her office at Manisha Enterprises, 19, M.K.Brothers Industrial Estate, A. K.Road, Jarimari, Mumbai- 400 072 have to state as under ; 1. I say that the firm is assessed to tax regularly under P.A. No. AAIFM2433K.
I say, that the appellate order passed by the C.I.T(A) was received by the assessee on 12/10/2017.
3. I say that I was not in Mumbai till the 13th December, 2017.
4. I say that the Appeal was filed on 14-12-2017. Whatever stated above and in the Application is true to the best of my Knowledge and belief.
The assessee wishes to opt for Vivad Se Vishwas scheme and he can do so only upon the delay being condoned and the appeal being adjudicated on merits. In any case, having perused the petition, we are satisfied about bonafides of delay.
Shri Bharat Andhale, Departmental Representatives submits that he has no objection to the delay being condoned only for the reason that the assessee is opting for settlement of pending dispute under Vivad Se Vishwas scheme. It is for this short reason that he is not opposing the condonation petition.
In view of the discussions and bearing in mind the entirety of the matter, we deem it fit and proper to condone the delay and admit the appeal for hearing on merits. In the meantime, as is the assessee has given an assurance to us-which is taken on record, the assessee may opt for settlement of dispute under Vivad Se Vishwas scheme. Order accordingly.
Pronounced in the open court today on the 22nd December, 2020
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026