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46 results for “condonation of delay”+ Section 40A(7)clear

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Key Topics

Section 143(3)44Section 26344Section 40A(3)31Addition to Income28Disallowance24Section 14A21Section 14719Section 4019Condonation of Delay

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

7 , wherein, the Hon'ble Supreme Court refused to condone the delay of 427 days wherein neither the department nor the person in charge had filed an explanation for not applying for certified copy of the decision of the High Court within prescribed period. Further, the dates mentioned in the affidavit clearly showed that there was a delay at every

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: DisposedITAT Delhi

Showing 1–20 of 46 · Page 1 of 3

16
Depreciation12
Section 40A10
Limitation/Time-bar9
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

condone the delay in filing the appeal before the Tribunal. 4. Brief facts of the case are, the assessee filed its original return of income on 20.09.2015 declaring total income of Rs.7,66,440/-. The case of the assessee was reopened by issue of notice under section 148 of the Income-tax Act, 1961 (for short ‘the Act’) dated

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

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

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

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

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

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)

7. On the basis of facts and circumstances & legal position of the case, the Hon’ble Ld. Commissioner of Income Tax (Appeals) erred in dismissing the appeal on the ground that the appeal was filed late without appreciating the fact that hearing notice U/s 250 of the Income Tax Act. 1061 have been issued 6 times before against which

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)

7,83,059.71 Total A 55,181.76 16,55,91,927.64 Total 55,181.76 16,55,91,927.64 MANUFACTURING ACCOUNT FOR THE YEAR ENDED ON 31st MARCH 2009 Particulars Qty Amount (Rs.) Particulars Qty Amount (Rs.) To Opening Stock 1,532.00 37,51,840.00 By Sales 92,000.59 18,89,22,362.35 To Purchases/ Manufacturing

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)

7 Through: Mr. Sanjay Kumar, SSC along with Ms. Easha Kadian, JSC. versus NAGAR DAIRY PVT. LTD. .....Respondent Through: Mr. Vidhan Jain, Adv. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 18.09.2024 CM APPL. 33418/2023 (14 Days Delay) in ITA 341/2023 Bearing in the mind the disclosures made, the delay

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

THE PR. COMMISSIONER OF INCOME TAX -7 vs. PROSPEROUS BUILDCON PVT. LTD.

ITA/239/2019HC Delhi19 Oct 2023

Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MR. JUSTICE GIRISH KATHPALIA

Section 143(1)Section 148Section 263Section 40A(3)

condonation of delay in re-filing the appeal. 1.1 According to the appellant/ revenue, there is a delay of 290 days in re- filing the appeal. Digitally Signed By:VAISHALI CHAUHAN Signing Date:17.11.2023 11:49:09 Signature Not Verified ITA 239/2019 Page 2 of 7 2. Mr Rohit Jain, learned counsel, who appears on behalf of the respondent/assessee, says

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

MANGAL SINGH KHATANA,GHAZIABAD vs. ITO, WARD- 1(4), GHAZIABAD

In the result, all the 04 appeals of the assessee are dismissed in the aforesaid manner

ITA 314/DEL/2018[2010-11]Status: DisposedITAT Delhi08 Apr 2026AY 2010-11

Bench: Shri Mahavir Singh & Shri Manish Agarwal

For Appellant: Sh. Vaibhav Srivastava, Adv. & Sh. Saubhagya AgarwalFor Respondent: Ms. Ankush Kalra, Sr. DR
Section 143(2)Section 143(3)Section 147

delay in dispute in all the appeals, are condoned and the appeals are admitted. 3. Further, Ld. AR has drew our attention towards an application dated 2.4.2026 of the assessee for admission of following additional grounds wherein, it was stated that the said grounds are purely legal, does not require fresh facts to be investigated and goes to the root

MANGAL SINGH KHATANA,GHAZIABAD vs. ITO, WARD- 1(4), GHAZIABAD

In the result, all the 04 appeals of the assessee are dismissed in the aforesaid manner

ITA 313/DEL/2018[2008-09]Status: DisposedITAT Delhi08 Apr 2026AY 2008-09

Bench: Shri Mahavir Singh & Shri Manish Agarwal

For Appellant: Sh. Vaibhav Srivastava, Adv. & Sh. Saubhagya AgarwalFor Respondent: Ms. Ankush Kalra, Sr. DR
Section 143(2)Section 143(3)Section 147

delay in dispute in all the appeals, are condoned and the appeals are admitted. 3. Further, Ld. AR has drew our attention towards an application dated 2.4.2026 of the assessee for admission of following additional grounds wherein, it was stated that the said grounds are purely legal, does not require fresh facts to be investigated and goes to the root

MANGAL SINGH KHATANA,GHAZIABAD vs. ITO, WARD- 1(4), GHAZIABAD

In the result, all the 04 appeals of the assessee are dismissed in the aforesaid manner

ITA 315/DEL/2018[2011-12]Status: DisposedITAT Delhi08 Apr 2026AY 2011-12

Bench: Shri Mahavir Singh & Shri Manish Agarwal

For Appellant: Sh. Vaibhav Srivastava, Adv. & Sh. Saubhagya AgarwalFor Respondent: Ms. Ankush Kalra, Sr. DR
Section 143(2)Section 143(3)Section 147

delay in dispute in all the appeals, are condoned and the appeals are admitted. 3. Further, Ld. AR has drew our attention towards an application dated 2.4.2026 of the assessee for admission of following additional grounds wherein, it was stated that the said grounds are purely legal, does not require fresh facts to be investigated and goes to the root

MANGAL SINGH KHATANA,GHAZIABAD vs. ITO, WARD- 1(4), GHAZIABAD

In the result, all the 04 appeals of the assessee are dismissed in the aforesaid manner

ITA 316/DEL/2018[2012-13]Status: DisposedITAT Delhi08 Apr 2026AY 2012-13

Bench: Shri Mahavir Singh & Shri Manish Agarwal

For Appellant: Sh. Vaibhav Srivastava, Adv. & Sh. Saubhagya AgarwalFor Respondent: Ms. Ankush Kalra, Sr. DR
Section 143(2)Section 143(3)Section 147

delay in dispute in all the appeals, are condoned and the appeals are admitted. 3. Further, Ld. AR has drew our attention towards an application dated 2.4.2026 of the assessee for admission of following additional grounds wherein, it was stated that the said grounds are purely legal, does not require fresh facts to be investigated and goes to the root

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