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22 results for “condonation of delay”+ Disallowanceclear

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Key Topics

Section 25030Section 143(3)28Section 80I26Section 143(1)22Addition to Income17Section 8014Disallowance13Section 36(1)(va)10Condonation of Delay

INCOME TAX OFFICER, WARD-1, DIGBOI, DIGBOI vs. ARUNACHAL TEA COMPANY, MARGHERITA

In the result, the appeal of the Revenue is dismissed while the CO of the assessee is allowed

ITA 133/GTY/2024[2021-22]Status: DisposedITAT Guwahati29 Jan 2025AY 2021-22

Bench: Sri Manomohan Das & Sri Rakesh Mishra

Section 143(1)Section 250Section 44ASection 6Section 7Section 80Section 801E

delay is condoned and the appeal is admitted for adjudication. 3. On the other hand, the assessee has also filed cross objections vide CO No. 02/GTY/2024 (in ITA No. 133/GTY/2024) which are in the nature of arguments on the grounds of appeal raised by the revenue and are as under: “Memorandum of Cross Objection before the Honourable Members, ITAT, Guwahati

Showing 1–20 of 22 · Page 1 of 2

10
Section 153A9
Section 139(1)9
Deduction8

MEGHALAYA CO-OP. APEX BANK LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-SHILLONG, SHILLONG

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

ITA 43/GTY/2019[2011-12]Status: HeardITAT Guwahati09 Aug 2022AY 2011-12

Bench: Shri Manish Borad & Shri Sonjoy Sarmaassessment Year: 2011-12 Meghalaya Co-Op. Apex Assistant Commissioner Of Bank Ltd. Income-Tax, Circle - Shillong Vs. M. G. Road, Shillong- 793001 (Pan: Aaam8227G) (Appellant) (Respondent)

For Appellant: Shri Parthasarathi Choudhury, FCAFor Respondent: Shri N. T. Sherpa, JCIT
Section 143(3)Section 14ASection 154Section 246ASection 250

condonation of delay in filing an appeal against order u/s 143(3)/263 after 522 days. The Learned CIT(A) did not consider the facts that during the intervening period of 522 days between the assessment order u/s 143(3)/263 dated 15/11/2016 and filing of appeal 2 Meghalaya Co-op Apex Bank Ltd., AY 2011-12 u/s 246A

SHIWAJI PD. JAISWAL,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1, GUWAHATI

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

ITA 47/GTY/2025[2018-19]Status: DisposedITAT Guwahati19 Jan 2026AY 2018-19

Bench: the Ld. CIT(A) explaining the reason for delay in filing the appeal of 1862 days delay which is as under: "Dear Sir, Sub: Prayer for condonation of delay in filing appeal for the assessment year 2018-19 against the Assessment Order issued U/s. 143(1) of the Income Tax Act, 1961.

Section 143(1)Section 250Section 43B

delay in filing the appeal should not be condoned and requested that the order of the Ld. CIT(A) should be uphold. 7. Considering the rival submissions and perusing the materials available on record and order of authorities below. We noted that the return was processed under Section 143(1) of the Act on 30.07.2019, where there is a disallowance

DURA ROOF (P) LIMITED,GUWAHATI vs. ASSISTANT DIRECTOR OF INCOME TAX, CENTRAL CIRCLE-1CPC, GUWAHATI

In the result, appeal of the assessee is dismissed as infructuous

ITA 49/GTY/2022[2018-19]Status: DisposedITAT Guwahati14 Jun 2023AY 2018-19

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2018-19

For Appellant: Shri Kishor Jain, FCAFor Respondent: Shri N. T. Sherpa, JCIT
Section 143Section 143(1)Section 143(3)Section 153ASection 80I

disallowing deduction claimed u/s. 80IC of the Act, for not furnishing audit report in Form 10CCB within the prescribed time limit. 4. From the perusal of the petition for condonation of delay

S.B. BHATTACHARJEE MEMORIAL TRUST FOR CHILDREN EDUCATION ,DIGBOI vs. ACIT, CIRCLE-1, DIBRUGARH, DIBRUGARH

In the result, the appeal of the assessee is allowed

ITA 245/GTY/2024[2022-23]Status: DisposedITAT Guwahati09 May 2025AY 2022-23

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 11Section 143(1)Section 234ASection 234C

condoned. It was submitted that the filing of the audit report was directory and not mandatory in nature and the delay occurred due to a technical default. The Ld. DR relied upon the order of the appellate authority and requested that the same may be confirmed. 5. We have heard the rival contentions and perused the material available on record

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI, GUWAHATI, ASSAM vs. ASSAM POWER DISTRIBUTION COMPANY LIMITED, GUWAHATI

The appeal is allowed and questions Nos

ITA 159/GTY/2025[2016-17]Status: DisposedITAT Guwahati25 Aug 2025AY 2016-17

Bench: The Hon'Ble Income Tax Appellate Tribunal (Itat) Was On Or Before. However, The Appeal Was Filed Before The Hon'Ble

Section 250

delay is hereby condoned and the appeal is admitted for adjudication. 2. In this case, the Ld.AO made several additions out of which the addition of Rs. 21,56,00,000/- on account of alleged penal interest survives for adjudication before the ITAT. The Revenue is aggrieved that the Ld. CIT(A) has afforded relief to the assessee on this

MAYURPLY INDUSTRIES PVT LTD.,HOOGHLY, WEST BENGAL vs. ACIT, CIRCLE 3, GUWAHATI, ASSAM

In the result IT(SS)A Nos

ITA 224/GTY/2024[2018-19]Status: DisposedITAT Guwahati24 Mar 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm

For Appellant: Shri Siddharth Agarwal, ARFor Respondent: Shri Kaushik Roy, DR
Section 132Section 143(3)Section 153ASection 253Section 253(5)

condone the delay by admitting the appeals for adjudication. We shall first take up IT(SS)A 1/GTY/2024 for A.Y. 2010-11. IT(SS)A 1/GTY/2024 for A.Y. 2010-11 03. First, we would take up ITA(SS)A No.1/GTY/2024 for A.Y. 2010-11. At the outset, the ld. Counsel for the assessee raised legal issue challenging the jurisdiction

NEW TECH STEEL & ALLOYS PRIVATE LIMITED,ASSAM vs. DCIT/ACIT CIR-1, GUWAHATI, GUWAHATI

Appeal of the assessee is allowed for statistical purposes

ITA 145/GTY/2025[2018-19]Status: DisposedITAT Guwahati21 Aug 2025AY 2018-19

Bench: The Hon'Ble Bench Against The Order Of The Ld. Cit(Appeals) Passed Under Section 143(3) Of The Income Tax Act, 1961. As Per The Provisions Of Section 253(3), The Appeal Was Required To Be Filed On Or Before 11Th March, 2025. However, The Appeal Could Only Be Filed On 4Rd June, 2025, Resulting In A Delay Of 85 Days. The Reasons For The Delay Are Detailed Below: 1. That Due To Serious Health Condition, The Appellant Was Unable To Continue The Required Legal Proceedings As He Was A Prolonged Sufferer Of Acute Pancreatitis & Chronic Liver Disease (Cld), Both Of Which Significantly Compromised His

Section 143(3)Section 144BSection 250Section 253(3)Section 43B

condone the delay and admit the appeal for adjudication. 2. The present appeal arises from order u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”), dated 10.01.2025, passed by Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi. 2.1 In this case, the additions were made by the Ld. AO on account of violation

UTTAM KUMAR CHETIA,NATUN NIRMALI GAON vs. ITO WARD-1(3), DIBRUGARH

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

ITA 240/GTY/2024[2017-18]Status: DisposedITAT Guwahati26 Mar 2025AY 2017-18

Bench: Shri Manomohan Das, Hon’Ble & Shri Rakesh Mishra, Hon’Ble

For Appellant: Shri Mahabir PrasadFor Respondent: Shri Kausik Ray, JCIT
Section 11Section 139(1)Section 143Section 250

disallowance of exemption u/s 11 of the Act by the CPC was correct as there was a huge delay in filing of the return u/s 139(1) of the Act and secondly, 1st appellate authority is not competent to condone

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 39/GTY/2022[2019-20]Status: HeardITAT Guwahati05 Apr 2023AY 2019-20

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

condone the impugned delay attributable to various procedural formalities and compilation of records. The case is now taken up for adjudication on merits. 3. The Revenue's first substantive grievance reads that the CIT(A) has erred in law and on facts in deleting depreciation disallowance

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 38/GTY/2022[2018-19]Status: HeardITAT Guwahati05 Apr 2023AY 2018-19

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

condone the impugned delay attributable to various procedural formalities and compilation of records. The case is now taken up for adjudication on merits. 3. The Revenue's first substantive grievance reads that the CIT(A) has erred in law and on facts in deleting depreciation disallowance

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee for Assessment Year

ITA 43/GTY/2022[2014-15]Status: HeardITAT Guwahati05 Apr 2023AY 2014-15

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

condone the impugned delay attributable to various procedural formalities and compilation of records. The case is now taken up for adjudication on merits. 3. The Revenue's first substantive grievance reads that the CIT(A) has erred in law and on facts in deleting depreciation disallowance

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 2/GTY/2023[2014-15]Status: HeardITAT Guwahati05 Apr 2023AY 2014-15

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

condone the impugned delay attributable to various procedural formalities and compilation of records. The case is now taken up for adjudication on merits. 3. The Revenue's first substantive grievance reads that the CIT(A) has erred in law and on facts in deleting depreciation disallowance

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 37/GTY/2022[2017-18]Status: HeardITAT Guwahati05 Apr 2023AY 2017-18

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

condone the impugned delay attributable to various procedural formalities and compilation of records. The case is now taken up for adjudication on merits. 3. The Revenue's first substantive grievance reads that the CIT(A) has erred in law and on facts in deleting depreciation disallowance

PAWAN COMMUNICATIONS PRIVATE LIMITED,GUWAHATI ASSAM vs. DCIT, CENTRAL CIRCLE-2, GUWAHATI

Appeal of the assessee is allowed

ITA 283/GTY/2024[2018-19]Status: DisposedITAT Guwahati06 Aug 2025AY 2018-19

Bench: the learned Income Tax Appellate Tribunal [ITAT for short hereafter] expired on 17.05.2024. There is therefore a delay of about 211 (two hundred eleven) days or more till date in submitting the appeal before the said learned Tribunal.

Section 132Section 143(3)Section 144Section 147Section 250Section 253Section 36(1)(va)

condonation of delay, as supported by a duly sworn affidavit. 4. That the aforesaid delay in submitting the appeal u/s 253 has arisen because of sufficient cause, and the sequence of the events leading to the delay has been as described below: (a) The memorandum of appeal was required to be submitted by 17.05.2074, 1.c. within 60(sixty) days

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI, GUWAHATI vs. THE ASSAM COOERATIVE APEX BANK LIMITED, GUWAHATI

The appeal of the Revenue is dismissed

ITA 160/GTY/2025[2020-21]Status: DisposedITAT Guwahati28 Oct 2025AY 2020-21

Bench: The Hon'Ble Income Tax Appellate Tribunal (Itat) Was On Or Before 31/05/2025. However, The Appeal Was Filed Before The Hon'Ble Itat, Guwahati, On 18/06/2025, Resulting A Delay Of 18 Days Due To The Following Reasons. Exceptional Workload Due To Time-Barring Assessments & Initial Budget Collection Monitoring (March 2025): The Period Immediately Preceding The Appeal

Section 250Section 40

delay is hereby condoned and the appeal is admitted for adjudication. 2. The present appeal arises from the order u/s 250 of the Income Tax Act, 1961 (hereafter “the Act”), dated 19.03.2025, passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereafter “the Ld. CIT(A)]. 2.1 In this case

MUKAND POLY PRODUCTS,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, GUWAHATI

In the result, the appeal of assessee is dismissed

ITA 258/GTY/2019[2015-16]Status: DisposedITAT Guwahati17 Oct 2022AY 2015-16
Section 139(1)Section 143(2)Section 250Section 80Section 80ASection 80ISection 80l

disallowances challenged before him, by passing the order under section 250 post haste prior to the disposal of the petition for condonation of delay

PRIYANSHU BOIRAGI,GUWAHATI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee is dismissed

ITA 61/GTY/2021[2014-15]Status: DisposedITAT Guwahati24 Jul 2023AY 2014-15

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2014-15 Priyanshu Boiragi Acit, Circle-1, Guwahati 16, Prasanti Path, Basistha Vs. Road, Survey Guwahati, Assam- 781028. Pan: Aiapb 4499 G (Appellant) (Respondent) Present For: Appellant By : Shri Jay Prakash Gupta, Fca Respondent By : Shri N.T. Sherpa, Jcit Date Of Hearing : 26.06.2023 Date Of Pronouncement : 24.07.2023 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Assessee For The Assessment Year 2012-13 Is Directed Against The Order Dated 27.10.2021 Passed By The Ld. Commissioner Of Income-Tax Appeals, Nfac, Delhi [Hereinafter Referred To As ‘The Ld. Cit(A)’]. The Assessee Has Raised The Following Grounds Of Appeal: “I. For That Both The Ld. Cit(A), Nfac As Well As Ld. J.A.O. Are Not Justified In Confirming/Rejecting The Petition Filed U/S. 154 Of I.T. Act 1961 Claiming Deduction U/S. 80(Ie) In Respect Of Vat Remission Claimed As Revenue Receipt In The Facts & Circumstances Of The Case Ii. For That The Ld. Cit(A), Nfac Was Not Justified Also In Not Considering The Cbdt Circular No. 39/2016 (F. No.279/Misc/140/2015/Itj Dated 29.11.2016 & No. 68 (F. No.245/17/71-A & Pac) Dated 17.11.1971 As Submitted By The Appellant Online Firstly On 16.01.2016 & Secondly On 05.10.2021 Vide Annexures - 5 & 6 In The Appellant'S Written Submission Dated 16.01.2021 While Passing The Appellate Order U/S. 250 Of I.T. Act 1961 Iii. For That The Ld. A.O. Has Not Considered In Right Perspective Rectification Petition Dated 21.04.2016, 09.04.2019 16.03.2020 Submitted Online Vide Annexure - 3 Of Appellant'S Written Submission Dated 16.01.2021. 2 Priyanshu Boiragi A.Y. 2014-15 Iv. For That The Other Grounds Of Law As Well As Of Facts, The Appellant May Be Allowed To Raise On Or Before The Hearing Of The Case.”

For Appellant: Shri Jay Prakash Gupta, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 143(3)Section 154Section 250Section 80

disallowed an amount of Rs. 84,53,370/- in the hands of assessee on the ground that such VAT Remission cannot said to be core activity or for the purpose of the manufacturing business carried on by the assessee. Subsequent to the assessment order, assessee had filed rectification petition u/s 154 of the Act on various dates

NAGAHAT TEA ESTATE PRIVATE LIMITED,KOLKATA vs. INCOME TAX OFFICER WARD -1, JORHAT

ITA 18/GTY/2025[2020-21]Status: DisposedITAT Guwahati17 Nov 2025AY 2020-21

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 119(1)Section 119(2)(b)Section 139(1)Section 139(9)Section 143(1)Section 143(1)(a)Section 250Section 36(1)Section 36(1)(va)Section 80

condonation of delay in filing form 10CCB without first considering the proviso (b) to section 119(1). 3. That the Ld. ADDL/JCIT (A) FARIDABAD, NFAC summarily rejected the appeal mechanically without going through the various case laws/ judgments of Apex Court/High Court ITAT submitted in the grounds of appeal before her. Therefore, severe manifest error occurred in her impugned order

NAGAHAT TEA ESTATE PRIVATE LIMITED,KOLKATA vs. INCOME TAX OFFICER WARD -1, JORHAT

ITA 19/GTY/2025[2021-22]Status: DisposedITAT Guwahati17 Nov 2025AY 2021-22

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 119(1)Section 119(2)(b)Section 139(1)Section 139(9)Section 143(1)Section 143(1)(a)Section 250Section 36(1)Section 36(1)(va)Section 80

condonation of delay in filing form 10CCB without first considering the proviso (b) to section 119(1). 3. That the Ld. ADDL/JCIT (A) FARIDABAD, NFAC summarily rejected the appeal mechanically without going through the various case laws/ judgments of Apex Court/High Court ITAT submitted in the grounds of appeal before her. Therefore, severe manifest error occurred in her impugned order