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16 results for “condonation of delay”+ Section 153A(2)clear

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Key Topics

Section 271(1)(c)18Section 153A17Section 143(3)15Addition to Income13Section 13210Penalty8Section 153C7Condonation of Delay6Section 271D

SMT. MEHA JAIN,JALGAON vs. DCIT (CENTRAL), BHOPAL

In the result, appeal of assessee is allowed

ITA 996/IND/2019[2008-09]Status: DisposedITAT Indore24 May 2023AY 2008-09

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanismt. Meha Jain Dcit(Central) 40, Jay Nagar, Jilha Peth Bhopal Vs. Jalgaon Maharashtra (Appellant / Assessee) (Respondent/ Revenue) Pan: Aeipj 3170 N Assessee By Shri P.D. Nagar, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 18.05.2023 Date Of Pronouncement 24.05.2023

Section 127Section 132(1)Section 143(3)Section 148Section 153A

2 of 11 Meha Jain Page 3 of 11 assessee wherein the assessee has explained cause of delay in filing the present appeal and given the relevant details of multiple proceedings pending at different jurisdiction and locations. There is no dispute that the assessee was facing multiple proceeding of assessment u/s 143(3) r.w.s. 147 of the Act as well

4
Section 253(5)4
Section 269S4
Search & Seizure4

M/S KETI SANGAM INFRASTRUCTURE (I) LTD.,INDORE vs. THE DCIT (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

ITA 1341/IND/2016[2009-10]Status: DisposedITAT Indore27 Jun 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

Delay condoned 2 We do not find any merit in this petition. The special leave petition is accordingly dismissed. 3 Pending application, if any stands disposed off.” 11.11 Therefore, in the circumstances and on the facts of the present case and in light of the judgments of the Hon’ble Karnataka High Court and the Hon’ble Supreme Court reproduced

M/S SHREE COAL ENTERPRISES (I) PVT. LTD.,BHOPAL vs. THE ACIT 3(1), BHOPAL

In the result, all the 12 appeals filed at the instance of

ITA 1337/IND/2016[2006-07]Status: DisposedITAT Indore27 Jun 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

Delay condoned 2 We do not find any merit in this petition. The special leave petition is accordingly dismissed. 3 Pending application, if any stands disposed off.” 11.11 Therefore, in the circumstances and on the facts of the present case and in light of the judgments of the Hon’ble Karnataka High Court and the Hon’ble Supreme Court reproduced

M/S KETI SANGHAM INFRASTRUTURE (I) LIMITED,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

ITA 516/IND/2017[2007-08]Status: DisposedITAT Indore22 Jun 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

Delay condoned 2 We do not find any merit in this petition. The special leave petition is accordingly dismissed. 3 Pending application, if any stands disposed off.” 11.11 Therefore, in the circumstances and on the facts of the present case and in light of the judgments of the Hon’ble Karnataka High Court and the Hon’ble Supreme Court reproduced

SMT SADHNA VOHRA,BHOPAL vs. ITO 1(3), BHOPAL

In the result, the appeal filed by the assessee is

ITA 735/IND/2018[2010-11]Status: DisposedITAT Indore18 Jul 2019AY 2010-11

Bench: Shri Kul Bharatassessment Year: 2010-11

Section 131Section 132Section 153CSection 69

delay of 7 days is condoned. Appeal is admitted for adjudication. 4. Ground No.1 is against legality of notice u/s 153C of the Act. Ld. Counsel for the assessee reiterated the submissions as made in the written submissions. It was submitted that the notice issued u/s 153C of the Act is invalid and void-ab-initio as there

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

ITA 190/IND/2024[2014-15]Status: DisposedITAT Indore25 Oct 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 132Section 153ASection 253(5)Section 269SSection 271D

section 253(5) and the Page 2 of 24 Shri Vimal Todi ITA Nos. 188 to 190/Ind/2024 - AY 2012-13 to 2014-15 decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing. 3.Since the issue for adjudication in these appeals is identical; they were heard together at the request

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

ITA 189/IND/2024[2013-14]Status: DisposedITAT Indore25 Oct 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 132Section 153ASection 253(5)Section 269SSection 271D

section 253(5) and the Page 2 of 24 Shri Vimal Todi ITA Nos. 188 to 190/Ind/2024 - AY 2012-13 to 2014-15 decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing. 3.Since the issue for adjudication in these appeals is identical; they were heard together at the request

M/S. GREATER KAILASH HOSPITAL (P) LTD.,INDORE vs. ACIT-2(1), INDORE

In the result, the appeal filed by the assessee, being not maintainable is

ITA 628/IND/2019[2013-14]Status: DisposedITAT Indore10 Feb 2023AY 2013-14

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyaniassessment Year: 2013-14

For Appellant: Shri S.N. Agrawal, AR &For Respondent: Shri Ashish Porwal, Sr.DR
Section 143(3)Section 153ASection 32Section 36(1)(iii)Section 36(1)(va)

section 32 of the Act of Rs. 2,62,09,454/- 4. The appellant reserves its right to add, alter and modify the grounds of appeal as taken by it” Application of the assessee for condonation of delay in the Tribunal and for admission of new/additional grounds of appeal dated 18.11.2022: 3. The ld. Representative of the assessee

M/S PHOENIX DEVCONS PVT. LTD.,INDORE vs. THE ACIT4 (1), INDORE

ITA 281/IND/2021[2009-10]Status: DisposedITAT Indore30 Aug 2022AY 2009-10

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

Section 143(3)Section 254Section 271(1)(c)

2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is con- doned the highest that can happen is that a cause would be decided on merits after hearing the parties. 3. "Every day's delay must be explained" does

M/S PHOENIX DEVCONS PVT. LTD.,INDORE vs. THE ACIT4 (1), INDORE

ITA 279/IND/2021[2008-09]Status: DisposedITAT Indore30 Aug 2022AY 2008-09

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

Section 143(3)Section 254Section 271(1)(c)

2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is con- doned the highest that can happen is that a cause would be decided on merits after hearing the parties. 3. "Every day's delay must be explained" does

M/S PHOENIX DEVCONS PVT. LTD.,INDORE vs. THE ACIT4 (1), INDORE

ITA 280/IND/2021[2008-09]Status: DisposedITAT Indore30 Aug 2022AY 2008-09

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

Section 143(3)Section 254Section 271(1)(c)

2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is con- doned the highest that can happen is that a cause would be decided on merits after hearing the parties. 3. "Every day's delay must be explained" does

NEPAL SINGH KUSHWAH,INDORE vs. CIT(A), NFAC

Appeal of the assessee is allowed for statistical purpose

ITA 734/IND/2024[2014-15]Status: DisposedITAT Indore30 Apr 2025AY 2014-15

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshinepal Singh Kushwah, Cit(A), बना B-157, Lig Colony, Nfac, म/ Indore Delhi Vs. (Pan: Akupk8255H) (Appellant) (Revenue) Assessee By Shri Milind Wadhwani, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 24.04.2025 Date Of Pronouncement 30.04.2025 आदेश/ O R D E R

Section 147Section 153ASection 246ASection 250Section 253

section 153A of the Income Tax Act for the same assessment year, the alleged loan of Rs. 40,00,000/-was not added to his income. This indicates that the department itself did not consider the Page 3 of 9 Nepal Singh Kushwah ITA No. 734/Ind/2024 - A.Y.2014-15 loan to be real or valid in the hands of the recipient

SHRI KAMAL KISHORE KOTWANI,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result, the appeal of the assessee for the

ITA 1019/IND/2016[2006-07]Status: DisposedITAT Indore04 Jul 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.(Ss)A. Nos. 186 To 190/Ind/2016 & I.T.A.No 1019/Ind/2016 "नधा"रणवष" / Assessment Years:2000-01 To 2004-05 & A.Y. 2006-07 Shri Kamal Kishore Kotwani, Vs. Acit. Prop.M/S. K.K.Enterprises, 1(2), 192, Prabhu Nagar, Idgah Bhopal Hills, Bhopal अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Abjpk1966H

For Appellant: Shri Lalchand, CIT DRFor Respondent: 03.07.2018
Section 132(1)Section 132(4)Section 132kSection 143(2)Section 144Section 153A

delay of two days is condoned. Apppeals are taken up for hearing. 4. First, we take up I.T.(SS)A.No. 186/Ind/2016 pertaining to the assessment year 2000-01 5. The assessee has raised the following grounds of appeal :- 1. On the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in holding that

THE DCIT, 2(1), INDORE vs. SHRI OMPRAKASH DHANWANI, INDORE

ITA 439/IND/2018[2013-14]Status: DisposedITAT Indore06 Nov 2023AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 132Section 143(3)Section 153A

153A r.w.s. 143(3) of the Act for the Assessment Year 2010-11 and 2011-12 on 28.3.2013, made an opinion that as for these two assessment years books of accounts were found defective and not reliable, same methodology should be adopted for Assessment Year 2012-13. Ld. A.O. accordingly rejected the book results and estimated the income by making

THE DCIT, 2(1), INDORE vs. SHRI OMPRAKASH DHANWANI, INDORE

ITA 440/IND/2018[2014-15]Status: DisposedITAT Indore06 Nov 2023AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 132Section 143(3)Section 153A

153A r.w.s. 143(3) of the Act for the Assessment Year 2010-11 and 2011-12 on 28.3.2013, made an opinion that as for these two assessment years books of accounts were found defective and not reliable, same methodology should be adopted for Assessment Year 2012-13. Ld. A.O. accordingly rejected the book results and estimated the income by making

THE DCIT, 2(1), INDORE vs. SHRI OMPRAKASH DHANWANI, INDORE

ITA 339/IND/2017[2012-13]Status: DisposedITAT Indore06 Nov 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 132Section 143(3)Section 153A

153A r.w.s. 143(3) of the Act for the Assessment Year 2010-11 and 2011-12 on 28.3.2013, made an opinion that as for these two assessment years books of accounts were found defective and not reliable, same methodology should be adopted for Assessment Year 2012-13. Ld. A.O. accordingly rejected the book results and estimated the income by making