M/S. SAI BUILDERS AND DEVELOPERS,VASHI, NAVI MUMBAI vs. PCIT, MUMBAI-27, VASHI, NAVI MUMBAI
ITA 4520/MUM/2025[2017-18]Status: DisposedITAT Mumbai07 Jan 2026AY 2017-18
Bench: Shri Sandeep Gosain & Shri Bijayananda Prusethm/S Sai Builders & Developers. B12, Ashiana, Plot No.15, Sector 17, Vashi, Navi Mumbai-400703 Pan/Gir No: Abbfs0092C (Appellant) Vs. Pcit, Mumbai-27. It-Office, Vashi Railway Station Building, Navi Mumbai-400703. (Respondent) Appellant By Respondent By Date Of Hearing Date Of Pronouncement Shri Shashank Mehta Shri Vivek Perampurna, Cit-Dr 07.01.2026 28.01.2026 Order Per Bijyananda Pruseth, Am: This Appeal Filed By The Assessee Emanates From The Order Passed Under Section 263 Of The Income-Tax Act, 1961 (In Short, ‘Act') By The Learned Principal Commissioner Of Income-Tax, Mumbai-27 Dated 16.03.2025 For The Assessment Year (Ay) 2017-18. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: “1. In The Facts & Circumstances Of The Case & In Law, The Learned Principal Cit, Mumbai-27 Erred In Assuming Jurisdiction Under Section 263 & Holding That The Assessment Order Dated 10.12.2019 Passed By The Learned Assessing Officer Is Erroneous & Prejudicial To The Interest Of Revenue. 2. The Appellant Craves Leave To Add, Alter, Modify, Amend Or Substitute All Or Any Of The Above Grounds Of Appeal." 1
Section 143(3)Section 250Section 253(5)Section 263
…2.1987. There was delay only 4 days in the said case. However, we find that in the subsequent decisions, namely, (i) P. K. Ramachandran vs State of Kerala & Anr. (1997) 7 SCC 556, (ii) Pundik Jalam Patil vs. Executive Engineers, Jalgaon Medium Project, (2008) 17 SCC 448 and (iii) Basawaraj and Anr vs. Special Land Acquisition Officer, (2013) 14 SCC 81, (iv) Pathapati Subba Reddy (dies) By L. Rs. & Ors. Vs The Special Deputy Collector (LA), SLP(C) No.31248 of 2018 (SC), dated 08.04.2024, it has been held that condonation of delay should not be granted only on the 4 ITA No.4520/MUM/2025/AY 2017-18 M/s Sai Builders…
