Vishin Meghani v. DCIT & Anr

398 ITR 250High Court2017#269 most cited

What is Vishin Meghani v. DCIT & Anr authority for?

This case is cited as an authority supporting the condonation of delay in filing income tax appeals, particularly when an assessee presents a request for such condonation.

291

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2018 to 2026.

Also referred to as

Vishin Meghani v. DCIT · 398 ITR 250 · condonation of delay · appeal filing delay · Section 253(1) · Section 249(2) · delay in income tax appeal · sufficient cause for delay · income tax appeals · limitation period for appeals · Bombay High Court 2017

Issues it is cited on

Judgments citing Vishin Meghani v. DCIT & Anr

The Karnataka Multipurpose Souharda Sahakari Niyamit, Chikodi vs. E Assessment, Nipnai

ITA 122/PAN/2025[2018-2019]Status: DisposedITAT Panaji03 Sept 2025AY 2018-2019

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 122/Pan/2025 Assessment Year : 2018-19 The Karnataka Multipurpose Souharda Sahakari Niyamit. Bhagyalaxmi Nagar, Chikodi, Belgavi-591201. Pan : Aaaat4824A . . . . . . . Appellant V/S National Faceless E-Asstt Centre, Delhi . . . . . . . . Respondent Appearances Assessee By : Mr Chetan Chougule [‘Ld. Ar’] Revenue By : Ms Rijjula Uniyal [‘Ld. Dr’] Date Of Conclusive Hearing : 03/09/2025 Date Of Pronouncement : 03/09/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Apl/S/250/2023-24/1057730634(1) Dt. 06/11/2023 Passed By Addl./Jt. Commissioner Of Income Tax Appeals-1, Coimbatore, [‘Ld. Nfac’] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’] Which In Turn Arisen Out Of Rectification Order Dt. 28/05/2021 Passed U/S 154 Of The Act By The Central Processing Centre, Bengaluru [‘Ld. Cpc’] Anent To Assessment Year 2018-19 [‘Ay’].

For Appellant: Mr Chetan Chougule [‘Ld. AR’]For Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 143(1)Section 154Section 246ASection 249Section 250Section 253(3)

…ency of reasons explained, we are satisfied that the appellant was for sufficient cause prevented from filing present in time allowed and the case of the assessee falls within the parameter set by Hon’ble Courts in ‘Vijay Vishin Meghani Vs. DCIT & Anr’ [2017, 398 ITR 250 (Bom)] and ‘Collector, Land Acquisition, Anantnag and Anr. Vs Ms Katiji and Others’ [1987, 167 ITR 5 (SC)], thus requiring us to condone the delay in the larger interest of justice. In view thereof the undeliberate delay occurred in instituting present appeal by the appellant assessee, after placing reliance on former judicial precedents, in the…

Seema, Lucknow vs. Income Tax Officer-4(4), Lucknow

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 255/LKW/2025[2016-17]Status: DisposedITAT Lucknow29 Aug 2025AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Seema, Vs. Income Tax Officer-4(4), 349/276, Suppa House, Bazar Lucknow New Khala, Lucknow-226004 Pan:Ftyps6815K (Appellant) (Respondent) Assessee By: Sh. Saurabh Gupta, C.A. Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 30.07.2025 Date Of Pronouncement: 29.08.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 14.09.2023, Dismissing The Appeal Of The Assessee, Filed Against The Orders Of The Ld. Ao Passed Under Section 143(3), On 11.12.2018. The Grounds Of Appeal Are As Under:- “1. That On The Facts & Circumstances Of The Case, The Order U/S 250 Passed By The Learned Commissioner Of Income Tax, (Appeals) Nfac Was Passed Without Providing Proper Opportunity To The Appellant, Which Is Against The Principles Of Natural Justice & Therefore, The Same Is Void Ab- Initio & Bad In Law. 2. That The Learned Commissioner Of Income Tax (Appeals) Nfac Has Erred In Law & On Facts & Circumstances Of The Case In Confirming The Disallowance Made By The Ld Assessing Officer U/S 40(A)(3) Of The Act Amounting To Rs 3,01,36,682/- Without Appreciating The Material On Record & The Facts Of The Case. 3. That The Learned Commissioner Of Income Tax (Appeals) Nfac Has Erred In Law & On Facts & Circumstances Of The Case In Confirming The Disallowance Under Section 40A(3) Without Giving Due Weightage To The Totality Of The Circumstances & Considerations Of Business Expediency Existing In The Present Case As Contemplated In Section 40A(3) Of The Act.

For Appellant: Sh. Saurabh Gupta, C.AFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 143(3)Section 250Section 40Section 40A(3)

…ond the control of the assessee, the delay deserved to be condoned for rendering substantial justice to the assessee. The assessee placed reliance on the following cases in support of her petition: - i. Vijay Vishan Meghani vs. DCIT (Bombay High Court) (2017) 398 ITR 250. ii. Just Steels vs. DCIT (2012) 74 DTR (MA) 86 iii. Oracle India Pvt. Ltd. vs. Deputy Commissioner of Income Tax (2008) 13 DTR 371 iv. Improvement Trust vs. Ujagar Singh (Supreme Court) v. Collector, Land Acqusition vs. MST. Katji & Ors. vi. CIT vs. S. Duraipandi & Ors vi. Kaikara Construction Co. vs. Jt. CIT, Kollam vii. Vedabai Aoias Vaijayana…

Gurunath Gundu Gojagekar, Belagavi vs. The Deputy Commissioner of Income Tax, Circle - 1, Belgavi

ITA 143/PAN/2025[2013-14]Status: DisposedITAT Panaji13 Aug 2025AY 2013-14

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 143/Pan/2025 Assessment Year : 2013-14 Gurunath Gundu Gojagekar 508, Hindu Nagar, Tilakwadi, Belgavi-590006. Pan : Aappg4152N . . . . . . . Applicant V/S Deputy Commissioner Of Income Tax, Circle-1, Belgaum. . . . . . . . Respondent Appearances Assessee By : Mr Omkar Godbole [‘Ld. Ar’] Revenue By : Ms Rijjula Uniyal [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 12/08/2025 घोषणा की तारीख / Date Of Pronouncement : 13/08/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Nfac/S/250/2024-25/1073157632(1) Dt. 12/02/2025 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’] Which In Turn Arisen Out Of Order Of Rectification Dt. 02/03/2021 Passed U/S 154 Of The Act By The Dy. Commissioner Of Income Tax, Circle-1(1), Belagavi [‘Ld. Ao’] Anent To Assessment Year 2013-14 [‘Ay’].

For Appellant: Mr Omkar Godbole [‘Ld. AR’]For Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 154Section 246ASection 250

…th Gundu Gojagekar Vs ACIT ITA Nos.143/PAN/2025 AY: 2013-14 2. At the outset, after vouching sufficiency of reasons beyond undeliberate delay of 15 days in instituting present appeal, we after placing reliance on ‘Vijay Vishin Meghani Vs. DCIT & Anr’ reported 398 ITR 250 (Bom) and ‘Collector, Land Acquisition, Anantnag and Anr. Vs Ms Katiji and Others reported at 167 ITR 5 (SC), in the larger interest of judice deem it fit to condone the same and proceed to adjudicate the limited issue of ex-parte dismissal of first appeal by the Ld. NFAC. Recording the same, advanced accordingly. 3. Without touching the merits…

Srithik Ispat Private Limited, Goa vs. The Assistant Commissioner of Income Tax Circle 2(1) Panaji, Goa, Panaji

The appeal is allowed for statistical purposes

ITA 48/PAN/2025[2016-17]Status: DisposedITAT Panaji31 Jul 2025AY 2016-17

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliassessment Year: 2016-17 Srithik Ispat Pvt. Ltd. Plot No. 3, Sanguem Industrial Estate, Sanguem, Goa-403704 Pan : Aaics1765P . . . . . . . Appellant V/S Asstt. Commissioner Of Income Tax, Circle-2(1), Panaji, Goa . . . . . . . Respondent Appearances Assessee By: Mrs Girija Agrawal [‘Ld. Ar’] Revenue By: Ms Rijjula Uniyal [‘Ld. Dr’] Date Of Conclusive Hearing: 30/07/2025 Date Of Pronouncement : 31/07/2025 Order Per G. D. Padmahshali; This Assessee’S Appeal Is Filed U/S 253(1) Of The Income-Tax Act, 1961 [‘The Act’] Challenges Din & Order No 1068425181(1) Dt. 06/09/2024 Passed By National Faceless Appeal Centre, Delhi [‘Ld. Cit(A)/Nfac’] U/S 250 Of The Act Which Originated From Order Of Assessment Passed U/S 144 Of The Act By Asstt. Commissioner Of Income Tax, Circle-2(1), Panaji, Goa. [‘Ld. Ao’].

For Appellant: Mrs Girija Agrawal [‘Ld. AR’]For Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 143(2)Section 144Section 250Section 251Section 251(1)(a)Section 253(1)Section 40Section 68

…smissal of appeal in contravention of s/s (6) of 250 of the Act. 3. We have vouched sufficiency of reasons behind 98 days delay in filing present appeal and find them fit for condonation, hence condoned in view of ‘Vijay Vishin Meghani Vs. DCIT & Anr’ [2017, 398 ITR 250 (Bom)] and ‘Collector, Land Acquisition, Anantnag and Anr. Vs Ms Katiji and Others’ [1987, 167 ITR 5 (SC)]. 4. As we note that, the assessee is limited company incorporated under the provisions of Companies Act and was engaged in the business of processing of sponge iron. For the year under consideration, the assessee company filed its return on…

Shiv Pratap Singh Kunwar, Uttar Pradesh vs. Jurisdictional Assessing Officer, Circle 1(1)(1) Meerut, Range-14, Uttar Pradesh

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 85/DEL/2025[2019-2020]Status: DisposedITAT Delhi30 Jul 2025AY 2019-2020

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2019-20] Shiv Pratap Singh Kunwar, Vs Jurisdictional Assessing 508, Begum Bagh, Meerut, Officer, Circle-1(1)(1), Uttar Pradesh-250001 Range-14, Meerut, Pan-Afmpk3273Q Uttar Pradesh-250001 Appellant Respondent Appellant By Shri Hemant Jain, Adv. Respondent By Shri Ajay Kumar Arora, Sr.Dr Date Of Hearing 15.07.2025 Date Of Pronouncement 30.07.2025 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Dated 29.11.2023 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Nfac/2018-19/10029654 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Pertaining To Assessment Year 2019-20. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Engaged In The Business Of Security Agency. The Appellant Filed His Return Of Income On 17.08.2020, Declaring Total Income Of Inr 46,84,309/- & The Same Was Assessed U/S 143(1) On 11-12-2020 At The Income Of Rs.87,33,921/- Wherein The Cpc Made The Disallowance On Account Of Delayed Payment Of Employees Contribution Towards Pf/Esi U/S 36(1)(Va) Of The Act. 3. Against This Order, The Assessee Preferred Appeal Before Ld.Cit(A) Who Dismissed The Appeal Of The Assessee Vide Impugned Order Dated 29.11.2023 Thus, The Assessee Is In Appeal Before Us.

Section 143(1)Section 250Section 36(1)(va)

…he delay is not malafide and requested for condonation of the same. He placed reliance on the following judgements and prayed for the condonation of delay:- Collector of Land Acquisition vs Mst . Katiji & Ors. 167 ITR 471 (i) Vijay Vishin Meghani, vs The DCIT 398 ITR 250 (Bom.) (ii) Just Steels vs DCIT (2012) 74 DTR (MA) 86 (iii) (iv) Oracle India Pvt Ltd vs. Deputy Commissioner of Income Tax (2008) 13 DTR 371 (v) Improvement Trust, Ludhiana vs Ujagar Singh & Ors. in Civil Appeal No.2395/2008 5. On the other hand, ld. Sr. DR for the Revenue vehemently opposed the condonation of delay and submits that there is in…