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51 results for “condonation of delay”+ Section 40A(2)clear

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Key Topics

Section 143(3)46Section 26344Section 40A(3)35Addition to Income32Disallowance26Section 14A21Section 14720Section 4019Condonation of Delay

SIGMA RESEARCH & CONSULTING PVT. LTD vs. COMMISSIONER OF INCOME TAX & ANR.

The appeal is allowed and the addition made under Section 40A(2)(a) of the Act

ITA/120/2018HC Delhi12 Dec 2018

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

Section 260ASection 40ASection 40A(2)(a)

Delay of 03 days in re-filing the appeal is condoned for the reasons explained and stated in the application. Application is allowed. CM APP No. 4019/2018 (Stay) Disposed of as not pressed, in view of the fact that the appeal is taken- up for hearing. ITA 120/2018 page 2 of 9 ITA No.120/2018 Present appeal under Section 260A

UMAR DARAJ,MEERUT vs. ITO WARD-1(2)(4), MEERUT

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

ITA 3095/DEL/2025[2015-16]Status: Disposed

Showing 1–20 of 51 · Page 1 of 3

16
Section 40A(2)(b)12
Depreciation12
Section 40A10
ITAT Delhi
10 Dec 2025
AY 2015-16

Bench: Shri S.Rifaur Rahman & Shri Yogesh Kumar U.S.Umar Daraj, Vs. Ito, Ward 1(2)(4), 153/1, Hapur Road, Meerut. Umar Nagar, Meerut – 250 001 (Uttar Pradesh). (Pan : Ainpd8766H) (Appellant) (Respondent) Assessee By : Shri Sumit Lal Chandani, Advocate Revenue By : Shri Dayainder Singh Sidhu, Citdr Date Of Hearing : 17.09.2025 Date Of Order : 10.12.2025 O R D E R Per S. Rifaur Rahman:

For Appellant: Shri Sumit Lal Chandani, AdvocateFor Respondent: Shri Dayainder Singh Sidhu, CITDR
Section 142(1)Section 143(3)Section 148Section 151Section 40A

2 not intentional and beyond the control of the assessee as well as the assessee could not get any benefit in delay filing the same. Accordingly, he prayed that the delay in filing the appeal be condoned. 3. We have heard both the counsels on the issue of condonation of delay. In our considered opinion, there was only 8 days

ACIT, NEW DELHI vs. M/S. CONTAINER CORPORATION OF INDIA LTD., NEW DELHI

In the result ITA No. 1364/Del/2012 for AY 2007-08 filed by the revenue is dismissed

ITA 1364/DEL/2012[2007-08]Status: DisposedITAT Delhi23 Feb 2018AY 2007-08

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Kirshnan, AdvFor Respondent: Ms. Rachna Singh, CIT DR

condoning the delay of 585 and 502 days delay in both these appeals. ACIT, Vs. Container Cooperation of India Ltd ITA No. 1555/Del/2012, 1363/Del/2012, 3960/Del/2010 and 1364/Del/2012 Assessment Year: 2006-07 and 2007-08 9. Now coming on the merits of the case we first take up the appeal of the revenue in ITA NO. 1363/Del/2012 for Assessment Year

THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. TECHNIP ENERGIES ITALY S.P.A.

ITA/142/2024HC Delhi28 Feb 2024

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

Section 40A(2)(a)Section 40A(2)(b)Section 44B

delay of 165 days in re-filing the appeal is condoned. 2. Application is disposed of. ITA 142/2024 3. The Commissioner of Income Tax seeks to impugn the order of the Income Tax Appellate Tribunal [“ITAT”] dated 28 February 2023 and has proposed the following question of law for our consideration: “2.1 Whether the Ld. ITAT has erred in holding

THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. TECHNIP ENERGIES ITALY S.P.A.

ITA - 142 / 2024HC Delhi28 Feb 2024
Section 40A(2)(a)Section 40A(2)(b)Section 44B

delay of 165 days in re-filing the appeal is condoned. 2. Application is disposed of. ITA 142/2024 3. The Commissioner of Income Tax seeks to impugn the order of the Income Tax Appellate Tribunal [“ITAT”] dated 28 February 2023 and has proposed the following question of law for our consideration: “2.1 Whether the Ld. ITAT has erred in holding

SIGMA CORPORATION INDIA LTD. vs. DCIT

The appeal is allowed in

ITA/795/2016HC Delhi15 Feb 2017

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

Section 40A(2)Section 40A(2)(a)Section 40A(2)(b)

delay of 11 days in re- filing the appeal is condoned. The appeal is taken on record. 2. The application stands disposed off. ITA 795/2016 3. The question of law which arises for consideration is as follows:- “Did the ITAT fall into error in restoring the disallowance of 50% of `48 lakhs paid to the appellant/assessee employee for the relevant

PRINCIPAL COMMISSIONER OF INCOME TAX- 04 DELHI vs. MITSUBISHI CORPORATION (INDIA) PVT LTD

The appeal is dismissed against the Revenue

ITA/370/2025HC Delhi03 Sept 2025

Bench: HON'BLE MR. JUSTICE V. KAMESWAR RAO,HON'BLE MR. JUSTICE VINOD KUMAR

Section 195Section 260ASection 40Section 40A

delay of 29 days in filing and 914 days in re-filing the appeal, is condoned. 2. Accordingly, the applications are disposed of. ITA 370/2025 3. This appeal is filed under Section 260A of The Income Tax Act, 1961 (the Act) lays a challenge to the order dated 12.08.2022 in ITA No. 9364/DEL/2019 passed by Income Tax Appellate Tribunal

HUGHES COMTEL PRIVATE LIMITED,DELHI vs. DCIT, CIRCLE-11(1), DELHI

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 3651/DEL/2024[2017-18]Status: DisposedITAT Delhi28 Jul 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Avdhesh Kumar Mishra

Section 115JSection 139(1)Section 143(1)Section 154Section 40ASection 43B

40A(7) of the Act. Aggrieved, the assessee filed rectification application under section 154 of the Act well in time. Later after 4 years and 07 months, the assessee filed first appeal against the processing order under section 143(1) 2 HCIL Comtel P. Ltd. of the Act. However, the Ld. CIT(A) did not condone the delay

PRINCIPAL COMMISSIONER OF INCOME TAX - 4 DELHI vs. MITSUBISHI CORPORATION (INDIA) PVT LTD

The appeals are dismissed against the

ITA - 329 / 2025HC Delhi22 Aug 2025
Section 195Section 260ASection 40Section 40A

condonation of 38 days delay in filing the appeal and also 906 days delay in refilling the appeal in ITA 329/2025 and 38 days delay in filing the appeal and also 905 days delay in refilling the appeal in ITA 332/2025. 4. For the reasons stated in the applications, we allow the delay in refilling as well as the delay

PR. COMMISSIONER OF INCOME TAX-7 vs. SMR AUTOMOTIVE SYSTEMS INDIA LTD.

ITA - 164 / 2023HC Delhi20 Mar 2023
Section 40ASection 6Section 80Section 80ASection 92B

condonation of delay of 54 days in filing the appeal] 2. This appeal concerns Assessment Year (AY) 2014-15. 3. Broadly, the only issue which arises for consideration is as to whether the Income Tax Appellate Tribunal [in short, “Tribunal] was correct in holding that the Specified Domestic Transactions (SDTs) did not attract the regime of transfer pricing, in view

NKC PROJECTS PRIVATE LIMITED,JAIPUR vs. PCIT DELHI-4, DELHI

In the result, the appeal of the assessee is allowed

ITA 2804/DEL/2025[2020-21]Status: DisposedITAT Delhi24 Oct 2025AY 2020-21
Section 142(1)Section 143(3)Section 263

40A(3) of the Act whereas the SCN under section 263 was regarding the FIFO method of valuation of closing stock adopted by the Assessee. These were, as rightly noted by the IT A T, unconnected issues and the assessment order could not have been held to be "erroneous and prejudicial to the interest of Revenue" when the AO could

PR. COMMISSIONER OF INCOME TAX(CENTRAL)-2 vs. NAGAR DAIRY PVT. LTD.

In the result, Appeal of the Revenue in ITA No

ITA - 320 / 2023HC Delhi18 Sept 2024
Section 131Section 153CSection 2(22)(e)Section 271(1)(c)Section 40A(3)

delay of 14 days in filing the appeal is condoned. The application shall stand disposed of. ITA 320/2023, ITA 326/2023, ITA 341/2023 & ITA 369/2023 1. Since the respondents are duly represented, no further steps need be taken. 2. The Principal Commissioner of Income Tax impugns the order of the Income Tax Appellate Tribunal1 dated 24 November 2022 and has posited

GUPTA SUBHASH & SONS HUF,DELHI vs. ITO, WARD 34(3), DELHI, CIVIC CENTRE

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

ITA 610/DEL/2025[2017-18]Status: DisposedITAT Delhi12 Nov 2025AY 2017-18

Bench: SHRIS.RIFAUR RAHMAN (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

For Appellant: Shri Lakshya Budhiraja, CAFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR

condone the delay in filing the appeal before the Tribunal. 5. Brief facts of the case are, assessee filed its return of income on 05.10.2017 declaring total income of Rs.3,49,095/- which was processed under section 143(1) of the Income-tax Act, 1961 (for short ‘the Act’). The case was selected for scrutiny through CASS. Notices

SULTAN SINGH,HARYANA vs. INCOME TAX OFFICER, WARD-1, KARNAL, HARYANA

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

ITA 4/DEL/2025[2020-21]Status: DisposedITAT Delhi11 Mar 2026AY 2020-21

Bench: Shri M. Balaganesh & Shri Raj Kumar Chauhanshri Sultan Singh, Vs. Income Tax Officer, M/S. Haryana Rice Trader, Ward-1, 780, Gali No. 2, Behind Sector- Karnal 6, Durga Colony, Haryana- 132001 (Appellant) (Respondent) Pan: Buups6518L Assessee By : Shri Somil Agarwal, Adv Shri Saksham Agarwal, Ca Revenue By: Shri Nitin Kumar Jaiman, Sr. Dr Date Of Hearing 23/12/2025 Date Of Pronouncement 11/03/2026

For Appellant: Shri Somil Agarwal, AdvFor Respondent: Shri Nitin Kumar Jaiman, Sr. DR
Section 143(3)Section 40A(3)

condone the delay and admit the appeal of the assessee for adjudication. 3. The Ground Nos. 1 & 2 raised by the assessee are challenging the confirmation of addition made by the learned CITA of Rs. 1,51,36,000 on account of salaries and wages paid by the assessee to his employees . 4. We have heard the rival submissions

ACIT CIRCLE 54(1), NEW DELHI vs. SWADESH KUMAR MISHRA, GURGAON

In the result, appeal filed by the assessee i

ITA 6043/DEL/2019[2009-10]Status: DisposedITAT Delhi11 Sept 2024AY 2009-10

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144(1)Section 145(3)Section 24Section 40Section 40A(3)

40A(3) would not automatically amount to furnishing inaccurate particulars of income or concealment of income as the incurring of the said expenditure is not in dispute. (Principal CIT v Torque Pharmaceuticals P. Ltd., 2016 SCC On Line P&H 7150; Solidity Developers Private Ltd v CIT 2018 SCC On Line ITAT 20748). 27.3 Further submitted that Irrelevant limb

MOHD ABID,GHAZIABAD vs. ITO WARD 2(1)(3), GHAZIABAD

In the result, assessee’s appeal stands allowed for statistical purposes only

ITA 1508/DEL/2023[2016-17]Status: DisposedITAT Delhi27 Sept 2023AY 2016-17

Bench: Shri Kul Bharat[Assessment Year: 2016-17

Section 143(1)Section 143(3)Section 154Section 194Section 250Section 40Section 40A(3)

2. Facts giving rise to the present appeal are that in this case assessee had filed his return of income electronically on 17.10.2016 declaring total income at Rs. 6,69,770/-. Return was processed u/s 143(1) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”). Thereafter the case was selected for scrutiny and the assessment

REFRESHMENT PRODUCT SERVICE INDIA PRIVATE LIMITED,NEW DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 19(1), NEW DELHI

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

ITA 1787/DEL/2024[2018-19]Status: DisposedITAT Delhi16 Aug 2024AY 2018-19

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2018-19 Refreshment Product Vs. Acit Service India Private Circle – 19 (1) Limited, B-91, Mayapuri New Delhi Industrial Area, Phase-1, New Delhi Pan No.Aagcr4112D (Appellant) (Respondent) Appellant By Sh. Sachit Jolly, Advocate Sh. Abhyudaya Shankar Bajpai, Advocate Sh. Aditya Rathore, Advocate Respondent By Ms. Shashi Kajle, Sr. Dr Date Of Hearing: 12/08/2024 Date Of Pronouncement: 16/08/2024 Order Per Sudhir Kumar, Jm:

Section 143(2)Section 143(3)Section 144BSection 234B

40A(7) of the Act in the 3 previous year(s) This results in taxing the same amount to twice which is against the basic principles of taxation. Ground no. 4-Inadvertent levy of Interest u/s 234B and 234C of the Act. That on the facts and circumstances of the case and in law, the Ld CIT(A) has erred

TIRUPATI INKS LTD.,NEW DELHI vs. DCIT, CIRCLE- 25(1), NEW DELHI

In the result, the appeal filed by the Assessee stands allowed for statistical purposes

ITA 3448/DEL/2018[2013-14]Status: DisposedITAT Delhi06 Jan 2022AY 2013-14

Bench: Sh. R.K. Panda & Sh. N. K. Choudhry(Through Video Conferencing) Assessment Year: 2013-14 Tirupati Inks Ltd. Vs Dcit 1517, Devika Tower, Circle- 25 (1) 6, Nehru Place, New Delhi New Delhi Pan No. Aaacs2222F (Appellant) (Respondent) Appellant By None Respondent By Shriharpal Singh Kharb, Sr. Dr Date Of Hearing: 06/01/2022 Date Of Pronouncement: 06/01/2022

Section 143Section 143(3)Section 234ASection 249Section 249(2)(b)Section 250(6)Section 271Section 36Section 40A(3)Section 68

Section 250(6) of the Income Tax Act, 1961 (in short „the Act‟) for assessment year 2013- 14. 2. None appeared on behalf of the Assessee at the time of hearing. Even no application seeking adjournment of the case has been filed. Though three notices for the date of hearing on 18/08/2021, 2/11/2021 and 06/01/2022 were sent though RPAD

COMMISSIONER OF INCOME TAX DELHI II vs. LEO FINANCIAL SERVICES LTD.

Appeal is dismissed

ITA/558/2010HC Delhi20 Mar 2012

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

Section 263Section 94(7)

condone the delay in refiling. ITA 558/2010 Having heard the counsel for the parties, we have frame the following substantial question of law: “Whether the Income Tax Appellate Tribunal was right in setting aside the order of the Commissioner of Income Tax under Section 263 of the Income Tax Act, 1961?” 2. During the course of hearing it is stated

ACIT, NEW DELHI vs. M/S. PYRAMID REALTORS PVT. LTD., NEW DELHI

In the result, both appeals of the Revenue are dismissed

ITA 435/DEL/2014[2006-07]Status: DisposedITAT Delhi29 Jul 2016AY 2006-07

Bench: Shri G.D. Agrawal. & Shri Chandra Mohan Garg

For Appellant: Shri Suresh Anantharaman, CAFor Respondent: Shri Nandita Kanchan, CIT-DR
Section 131Section 142Section 69

Section 69C can be invoked when the appellant only incurs an expenditure and such expenditure was not satisfactorily explained with regard to source of such expenditure or part thereof then the amount covered by such expenditure would be deemed to be income of the appellant. In the present case the expenditure was incurred by M/s Samsung Construction Ltd., another person