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8 results for “condonation of delay”+ Section 246Aclear

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Key Topics

Section 143(1)15Section 10(108)10Section 116Addition to Income5Section 246A4Section 153A4Section 158B4Section 1324Section 10

BHARATKUMAR SOMABHAI PATEL,BANASHKANTHA vs. THE ITO, WARD-4, PALANPUR

In the result, the appeal filed by the Assessee is dismissed as in limine

ITA 389/AHD/2020[2007-08]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2007-08
For Appellant: NoneFor Respondent: Shri V.K. Singh, Sr. D.R
Section 144Section 271(1)(b)Section 271(1)(c)

section 5 of the Limitation Act, the Court should adopt a programmatic approach. A distinction be made between a case where the delay is inordinate and a case where the delay is of a few days. Whereas in the former case the consideration of prejudice to the other side will be a relevant factor so the case calls

KOSHAMBH CHARITABLE TRUST,VADODARA vs. THE ACIT, CPC, BAMGLORE

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

4
Exemption3
Unexplained Investment3
Condonation of Delay3
ITA 210/AHD/2021[2016-17]Status: DisposedITAT Ahmedabad13 Jul 2022AY 2016-17

Bench: The National Faceless Appeal Centre .

For Appellant: Shri Sanjay R Shah, A.RFor Respondent: Shri Ravindra, Sr.D.R
Section 11(1)(a)Section 12ASection 143(1)Section 246ASection 249(2)

section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2016-17. I.T.A No. 210/Ahd/2021 A.Y. 2016-17 Page No 2 Koshambh Charitable Trust vs. ACIT 2. The only grievance of the assessee is that the Ld.CIT(A) failed to condone the delay of 676 days in filing

SHRI R V SHAH CHARITABLE TRUST,BHAVNAGAR vs. THE DY.DIT, CPC, BENGALURU CURRENT JURISDICTION THE ITO, EXEMP., BHAVNAGAR

In the result, the appeal filed by the assessee is partly allowed

ITA 257/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad19 Apr 2024AY 2022-23

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year : 2022-23 Shri R V Shah Charitable Trust The Dy. Director Of Income C/O. Madhu Silica Pvt.Ltd. Vs Tax, Cpc 147, Gidc, Vartej Bengaluru Bhavnagar 364 060 (Current Jao : Ito (Exempt), Gujarat Bhavnagar Pan: Aaets 0593 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri C. S. Sharma, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 17/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 19/04/2024 आदेश/O R D E R Per Narendra Prasad Sinha: The Present Appeal Is Filed By The Assessee Against The Order U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Dated 19/01/2024 Passed By The Addl./Joint Commissioner Of Income-Tax (Appeals)-8, Mumbai [“Jcit(A)” In Short] For Assessment Year (Ay) 2022-23. 2. The Assessee Is A Charitable Trust & Filed Its Return Of Income For Ay 2022-23 On 17/10/2022 Declaring Total Income Of Rs.1,48,175/-. The Said Return Was Processed By Cpc Bengaluru U/S.143(1) Of The Act On 03/03/2023 & Income Was Determined At Rs.13,64,912/-. This Was Due To Denial Of Exemption U/S.10(23C) Of The Act By The Cpc. The Assessee Had Filed An

For Appellant: Shri Tushar Hemani, Sr. Adv. &For Respondent: Shri C. S. Sharma, Sr.DR
Section 10Section 10(23)(iv)Section 11Section 11(1)Section 143(1)Section 143(1)(a)Section 234BSection 246ASection 250

246A of the Act. 5. Both the lower authorities have passed the orders without properly appreciating the facts and they further erred in grossly ignoring various S, explanations and information submitted by the appellant from time to time which ought to have been considered before passing the impugned order. The action of the lower authorities is in clear breach

SHREENATH DEVELOPERS,VADODARA vs. THE INCOME TAX OFFICER, WARD-3(1)(5), VADODARA

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

ITA 909/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad23 Aug 2024AY 2017-18

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

For Appellant: Shri Prashant Upadhyay, A.RFor Respondent: Shri Ashok Kumar Suthar, Sr. DR
Section 68Section 69A

delay in filing of the present appeal is hereby condoned. 5. The brief facts of the case are that the assessee is a builder / developer and for the impugned year under consideration, the assessee filed return of income showing “NIL” income. The case of the assessee was selected for complete scrutiny for the reason “introduction of large capital during

JAYESHKUMAR TULSIDAS SUTARIA,AHMEDABAD vs. THE ITO, WARD 7(2)(1), AHMEDABAD, AHMEDABAD

In the result, both the appeals of the assessee are allowed

ITA 2387/AHD/2025[2020-21]Status: DisposedITAT Ahmedabad17 Feb 2026AY 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Ms Suchitra Kamble

For Appellant: Shri Vipul Gohil, ARFor Respondent: Shri Veerabadram Vislavath, Sr. DR
Section 10(100)Section 10(108)Section 119(2)(b)Section 143(1)Section 246ASection 250(6)Section 251

246A. The conclusion of the CIT(A) is contrary to facts and law. 3. The Ird. CIT(A) has erred in refusing to adjudicate the exemption claim u/s 10(108) on merits, thereby violating section 250(6) mandating a reasoned and speaking order on each ground of appeal. The impugned order is non- speaking, arbitrary, contrary to statutory requirements

JAYESHKUMAR TULSIDAS SUTARIA,AHMEDABAD vs. THE ITO, WARD 7(2)(1), AHMEDABAD, AHMEDABAD

In the result, both the appeals of the assessee are allowed

ITA 2388/AHD/2025[2021-22]Status: DisposedITAT Ahmedabad17 Feb 2026AY 2021-22

Bench: Dr. B.R.R. Kumar, Vice-Ms Suchitra Kamble

For Appellant: Shri Vipul Gohil, ARFor Respondent: Shri Veerabadram Vislavath, Sr. DR
Section 10(100)Section 10(108)Section 119(2)(b)Section 143(1)Section 246ASection 250(6)Section 251

246A. The conclusion of the CIT(A) is contrary to facts and law. 3. The Ird. CIT(A) has erred in refusing to adjudicate the exemption claim u/s 10(108) on merits, thereby violating section 250(6) mandating a reasoned and speaking order on each ground of appeal. The impugned order is non- speaking, arbitrary, contrary to statutory requirements

SHRI NAGIN A VAGHELA,VADODARA vs. THE DCIT, CENTRAL CIRCLE-3, VADODARA

In the result, the appeal of the assessee is dismissed for A

ITA 270/AHD/2021[2017-18]Status: DisposedITAT Ahmedabad23 Oct 2024AY 2017-18

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyali.T(Ss).A. Nos.449/Ahd/2019 & 44/Ahd/2020 (A.Ys.: 2011-12 & 2012-13) Deputy Commissioner Of Income Vs. Shri Nagin A. Vaghela, Tax, 11, Purva Bunglow, Nr. Central Circle-3, Manglam Duple, Sama, Vadodara Vadodara [Pan No.Aakpw5302R] (Appellant) .. (Respondent)

For Appellant: NoneFor Respondent: Shri A.P. Singh, CIT-DR & Shri Rignesh Das, Sr. DR
Section 132Section 132(1)Section 153Section 153ASection 158B

delayed return for A.Y. 2011-12 on June 26, 2015, declaring a total income of ₹34,05,800/-. Subsequently, notices under sections 143(2) and 142(1) were issued to the assessee. A detailed questionnaire was sent on August 3, 2015, but the assessee did not comply. The assessee, who derived IT(SS)A Nos.449 & 44/Ahd/2019&2020 & 1562/Ahd/2019 & 270/Ahd/2021 DCIT

SHRI NAGIN A VAGHELA,VADODARA vs. THE ACIT, CENTRAL CIRCLE-3, VADODARA

In the result, the appeal of the assessee is dismissed for A

ITA 1562/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad23 Oct 2024AY 2014-15

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyali.T(Ss).A. Nos.449/Ahd/2019 & 44/Ahd/2020 (A.Ys.: 2011-12 & 2012-13) Deputy Commissioner Of Income Vs. Shri Nagin A. Vaghela, Tax, 11, Purva Bunglow, Nr. Central Circle-3, Manglam Duple, Sama, Vadodara Vadodara [Pan No.Aakpw5302R] (Appellant) .. (Respondent)

For Appellant: NoneFor Respondent: Shri A.P. Singh, CIT-DR & Shri Rignesh Das, Sr. DR
Section 132Section 132(1)Section 153Section 153ASection 158B

delayed return for A.Y. 2011-12 on June 26, 2015, declaring a total income of ₹34,05,800/-. Subsequently, notices under sections 143(2) and 142(1) were issued to the assessee. A detailed questionnaire was sent on August 3, 2015, but the assessee did not comply. The assessee, who derived IT(SS)A Nos.449 & 44/Ahd/2019&2020 & 1562/Ahd/2019 & 270/Ahd/2021 DCIT