REAL CARGO MUMBAI,ARVALLI vs. THE ITO, WARD-1, MODASA

In the result, the appeal of the assessee in ITA No

Bench: Income-Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad. This Appeal In Ita No.268/Ahd/2024 For Assessment Year 2010-11, Is Filed By The Assessee Before Income Tax Appellate Tribunal, Ahmedabad Division Bench, Ahmedabad Has Arisen From The Appellate Order Dated 25.09.2023 Passed By Ld. Commissioner Of Income-Tax(Appeals), Nfac, Delhi U/S. 250 Of The Income- Tax Act,1961 , Vide Din & Order No. Itba/Nfac/S/250/2023- 24/1056508501(1), Which Has In Turn Arisen From The Assessment Order Dated 18.12.2018 Passed By The Assessing Officer U/S. 143(3) Read With Section 254 Of The Income-Tax Act 1961. 2. The Grounds Of Appeal Raised By The Assessee In Memo Of Appeal Filed With The Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad , Reads As Under:-

253(3) of the 1961 Act. The ld. CIT-DR fairly submitted that the matter is left to the discretion of the Bench, although the department has objection to the aforesaid delay. One of the reasons for the delay as averred by the assessee in its application for delay in filing this appeal was that the appellate order was posted

SHRI KHAMBHAT TALUKA SARVAJANIK KELAVANI MANDAL,ANAND vs. THE ITO, WARD-EXEMPTION, VADODARA

In the result, appeal of the assessee is dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaassessment Year: 2017-18

3. The appellant craves leave to add, alter or amend any of the aforesaid ground or grounds if necessary.” 6. As per the provisions of Section 253(5) of the Act, the Tribunal may admit an appeal after expiry of the prescribed period, if it is satisfied that there was ‘sufficient cause’ for not presenting the appeal within the prescribed

YOGESH JASHUBHAI PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(4) NOW WARD- 1(2)(1), AHMEDABAD

In the result, both the appeals filed by the assessee are allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.158/Ahd/2023, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.159/Ahd/2023, Asst.Year 2011-12 Yogesh Jashubhai Patel, The Income Tax Officer Harivallabh Society बनाम/ Ward-3(4) V/S. Naroda Now Ward-1(2)(1) Opp. Devi Cinema Ahmedabad – 380 051 Ahmedabad – 382 345 "थायी लेखा सं./Pan: Audpp 9058 L (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 06/01/2023 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2011-2012. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.158/Ahd/2023:

section 249(3) of the Act. The delay was neither deliberate nor due to negligence but occasioned by genuine circumstances beyond the control of the assessee. Accordingly, the learned CIT(A) ought to have condoned the delay and adjudicated the appeal on merits. The Hon’ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji & Others [1987] ITA Nos.158 & 159/Ahd/2023

YOGESH JASHUBHAI PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(4) NOW WARD- 1(2)(1), AHMEDABAD

In the result, both the appeals filed by the assessee are allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.158/Ahd/2023, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.159/Ahd/2023, Asst.Year 2011-12 Yogesh Jashubhai Patel, The Income Tax Officer Harivallabh Society बनाम/ Ward-3(4) V/S. Naroda Now Ward-1(2)(1) Opp. Devi Cinema Ahmedabad – 380 051 Ahmedabad – 382 345 "थायी लेखा सं./Pan: Audpp 9058 L (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 06/01/2023 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2011-2012. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.158/Ahd/2023:

section 249(3) of the Act. The delay was neither deliberate nor due to negligence but occasioned by genuine circumstances beyond the control of the assessee. Accordingly, the learned CIT(A) ought to have condoned the delay and adjudicated the appeal on merits. The Hon’ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji & Others [1987] ITA Nos.158 & 159/Ahd/2023

NIRMA CHEMICAL WORKS PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CIRCLE-3(1)(1), AHMEDABAD

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

Bench: Shri Ramit Kochar & Ms. Suchitra Kambleassessment Year : 2013-14 Nirma Chemical Works Pvt. The Dy. Commissioner Of Income- Ltd. V. Tax Nirma House Circle-3(1)(1) Ashram Road, Ahmedabad Near Income Tax Circle Gujarat Ahmedabad-380 009 Gujarat Pan: Aaacn 5353 L अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri Hemanshu Shah, Ca Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 18/01/2024 & 23.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 23/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Coram: This Appeal Filed By Assessee Is Directed Against The Appellate Order Dated 19/05/2022 Passed By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [“Cit(A)” In Short] Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2013-14 (Din & Order No.Itba/ Nfac/S/250/2022- 23/1043081956(1)), The Appellate Proceedings Have Arisen Before Ld.Cit(A) From Rectification Order Dated 16/02/2022 Passed By Ld. Assessing Officer(Hereinafter Called “The Ao”) U/S 154 Of The 1961 Act (Din & Order Nirma Chemical Works Pvt. Ltd. V. Dcit Ay 2013-14

Section 253(6)(d). Thus, the appeal fee paid was deficient by Rs. 9500/- which the assesse is required to deposit, were the contention of ld. DR. The ld. counsel for the assessee submitted that the assesse will deposit the deficient fee of Rs. 9,500/- , although the assesse was earlier having a bonafide belief that the assesse was liable

DIVYA BHALCHANDRA PATEL,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad , Has Arisen From The Appellate Order Dated 12/07/2023 Passed By Ld. Commissioner Of Income-Tax(Appeals), Nfac, New Delhi U/S. 250 Of The Income-Tax Act, 1961 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1054298633(1), Which In Turn Has Arisen From The Assessment Order Dated 13-10-2017 Passed By Ld. Assessing Officer U/S. 147 R.W.S 143(3) Of The 1961 Act.

253(3), and the assessee has prayed for condonation of I.T.A No. 714/Ahd/2023 A.Y. 2014-15 Page No. 7 Divya Bhalchandra Patel v. ITO delay by filing an application/affidavit dated 19.04.2024. The assessee has claimed that it is because of her illness which required medical treatment which led to delay in filing this appeal in time with ITAT

NIRAJ PRATAPBHAI SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-3(3)(2), (FORMERLY ITO, WARD-3(3)(3),, AHMEDABAD

In the result, the appeal of the assessee in ITA No

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench

253(3), and the assessee has prayed for condonation of delay by filing an affidavit dated 28.05.2024 The said affidavit is placed on record in file. The assessee has claimed that the order of the CIT(A) was received by the part time accountant who failed to inform the assessee which led to delay in filing the appeal in time

NIRAJ PRATAPBHAI SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(2)(FORMERLY ITO, WARD-3(3)(3)), AHMEDABAD

In the result, the appeal of the assessee in ITA No

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench

253(3), and the assessee has prayed for condonation of delay by filing an affidavit dated 28.05.2024 The said affidavit is placed on record in file. The assessee has claimed that the order of the CIT(A) was received by the part time accountant who failed to inform the assessee which led to delay in filing the appeal in time

PINKAL SURESHKUMAR KOTHARI,AHMEDABAD vs. THE ITO, WARD-5(2)(1), AHMEDABAD

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

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1303/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2017-18) बनाम/ Pinkal Sureshkumar Income Tax Officer Kothari Ward-5(2)(1), Vs. 4, Nemrajul Flat, Ahmedabad Navavikas Gruh Road, Vasna, Ahmedabad, Gujarat – 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Amlpk3944L (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Parth Mehta, A.R. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr

3. "Every day's delay must be explained" does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational common sense pragmatic manner. 4. When substantial justice and technical considerations are pitted against each other cause of substantial justice deserves to be preferred

THE KHEDBRAHMA TALUKA PRIMARY TEACHERS CO.OP. CREDIT SOCIETY LTD.,HIMATNAGAR vs. THE INCOME TAX OFFICER, WARD-1, HIMATNAGAR

In the result, appeal of the assessee in ITA no

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad , Which

253(3), and delay needs to be condoned and the appeal be heard on merits. When technicalities are pitted against the substantial justice, the Courts will lean towards advancement of substantial justice rather than technicalities, unless the malafide on the part of the assessee is at writ large. Under the facts and circumstances, we do not find any malafide

ALKABEN KETULKUMAR PATEL,AHMEDABAD vs. THE DCIT, CIRCLE-3(2), AHMEDABAD

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

Bench: Shri Ramit Kochar (Accountant Member)

253(3). In my considered view, the assessee has shown sufficient and reasonable cause and hence I condone the delay. When technicalities are pitted against the substantial justice, the Courts will lean towards advancement of substantial justice rather than technicalities. Under the facts and circumstances, I do not find any malafide on the part of the assessee

KRUNAL SANGHVI,AHMEDABAD vs. INCOME TAX OFFICER , WARD-5(3)(1), AHMEDABAD

In the result, appeal filed by the assessee is allowed

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), SHRI SIDDHARTHA NAUTIYAL (Judicial Member)

section 253 of the Income Tax Act, 1961 against the order of CIT (A) dated 24th April, 2024. That the appeal was required to be filed on or before 23rd June, 2. 2024 but due to unavoidable circumstances, it could not be filed within the prescribed time limit, resulting in a delay of 344 days. 3. That the delay

SNEHA PAWAN AGARWAL,AHMEDABAD vs. ITO WARD 1(1)(3), AHMEDABAD

The appeals are allowed for statistical purposes

sections": [ "147", "144", "144B", "250", "253(3)", "253(5)", "148", "142(1)", "69A", "115BBE", "271(1)(b)", "271(1)(c)", "234B", "234A", "234C" ], "issues": "Whether the appeals filed by the assessee are to be admitted for adjudication on merits after condoning the delay

THE ACIT.(OSD), CIRCLE-1,, AHMEDABAD vs. KHURANA ENGINEERING LTD.,, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Roya.Y. 2007-08

condone the delay of one day beyond the limitation as provided u/s 253(3) of the 1961 Act. If justice is pitted against technicalities, the Courts will lean towards advancement of justice rather than technicalities. We order accordingly. 12. The assessee has raised following grounds in CO in memo of CO filed with ITAT, Ahmedabad Bench, Ahmedabad, which is listed

THE ACIT.(OSD), CIRCLE-1,, AHMEDABAD vs. KHURANA ENGINEERING LTD.,, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Roya.Y. 2007-08

condone the delay of one day beyond the limitation as provided u/s 253(3) of the 1961 Act. If justice is pitted against technicalities, the Courts will lean towards advancement of justice rather than technicalities. We order accordingly. 12. The assessee has raised following grounds in CO in memo of CO filed with ITAT, Ahmedabad Bench, Ahmedabad, which is listed

KHURANA ENGINEERING LTD.,,AHMEDABAD vs. THE ACIT.(OSD),CIRCLE-1,, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Roya.Y. 2007-08

condone the delay of one day beyond the limitation as provided u/s 253(3) of the 1961 Act. If justice is pitted against technicalities, the Courts will lean towards advancement of justice rather than technicalities. We order accordingly. 12. The assessee has raised following grounds in CO in memo of CO filed with ITAT, Ahmedabad Bench, Ahmedabad, which is listed

GOPALKRISHNA NAGINBHAI PATEL,PETLAD vs. THE INCOME TAX OFFICER, WARD-1(3)(1), PETLAD

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

Bench: Income Tax Appellate Tribunal, Ahmedabad Against The Appellate Order Dated 8Th May, 2023 Passed By Ld. Commissioner Of Income- Tax(Appeals),National Faceless Appeal Centre(Nfac), Delhi( Din & Order No.Itba/Nfac/S/250/2023-24/1052644110(1))

253(3) of the Act, but the appeal was filed on 27th March, 2024. The assessee has filed an application praying for condonation of delay and affidavit to that effect is also now filed( for which liberty was granted by the Bench) and which are placed on record in file. It was explained by the ld. counsel for the assessee

SNEHA PAWAN AGARWAL,AHMEDABAD vs. ITO WARD 1(1)(3), AHMEDABAD

The appeals are allowed for statistical purposes

sections": [ "147", "144", "144B", "253(3)", "250", "69A", "115BBE", "271(1)(b)", "271(1)(c)", "234B", "148", "142(1)", "234A", "234C" ], "issues": "Whether the delay in filing the appeals is liable to be condoned