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53 results for “condonation of delay”+ Section 249(2)clear

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Key Topics

Section 14744Section 14437Condonation of Delay36Addition to Income33Section 142(1)26Section 25025Section 25321Section 6920Section 148

INCOME TAX OFFICER-1(2), INDORE, INDORE vs. DIVINE INFRACREATION AND TRADING PRIVATE LIMITED, MUMBAI

Accordingly quash the assessment-order made by AO.\nThe assessee's ground is allowed

ITA 272/IND/2024[2010-11]Status: DisposedITAT Indore28 Feb 2025AY 2010-11
Section 144Section 148Section 68Section 68(1)

delayed return, the same cannot be\ncalled to be a non-est return in law.\n8. Having heard the rival submissions and from a careful perusal of\nthe orders of the lower authorities, we find that undisputedly the\nreturn was not filed by the assessee within the time prescribed\nunder section 148 of the Act. But for that reason

RAJESH KUMAR RATHORE,SEHORE vs. INCOME TAX OFFICER, WARD-5, SEHORE, SEHORE

ITA 533/IND/2025[2018-19]Status: DisposedITAT Indore

Showing 1–20 of 53 · Page 1 of 3

19
Section 249(2)17
Penalty14
Limitation/Time-bar13
19 Feb 2026
AY 2018-19
Section 115BSection 147Section 250Section 253Section 271ASection 274(2)Section 288ASection 69

delay was condoned.", "result": "Allowed", "sections": [ "253", "271AAC(1)", "115BBE", "69", "147", "246A", "249(2)", "249(3)", "274(2)" ], "issues

VIJAY KUMAR PAREKH,INDORE vs. WARD1(1) INDORE, INDORE

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

ITA 549/IND/2023[2013-14]Status: DisposedITAT Indore24 Apr 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanivijay Kumar Parekh Ito-Ward -1(1) 406-407 Apollo Tower, 2Mg Indore Road Vs. Indore-452001 (Appellant / Assessee) (Respondent/ Revenue) Pan: Afkpp 3277M Assessee By Shri Abhinava Jain & Sudhir Padliya, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.04.2024 Date Of Pronouncement 24.04.2024

Section 143(1)Section 154Section 249Section 70

condone the delay on the ground that the assessee has not explained sufficient cause for inordinate delay of 3189 days. Ld. AR has referred to the affidavit filed by the assessee before the CIT(A) explaining the cause of delay placed at page no.13 & 14 of the paper book and submitted that the assessee has explained the reasons of delay

SATYENDRA KUMAR VYAS,BHOPAL vs. CIT(A), NATIONAL FACELESS APPEAL CENTRE, DELHI, DELHI

In the result appeal of the assessee is allowed for statistical\npurpose

ITA 284/IND/2024[2017-18]Status: DisposedITAT Indore26 Sept 2024AY 2017-18
Section 249

2. In this case as per the facts recorded in the Form 35 the order dated\n28.12.2019 was received by the appellant on 28.12.2019. As such the\nappeal filed by the appellant on 29.12.2021 is a delayed appeal. The\nappeal is not filed in time and the appellant, along with Form 35, filed a\nletter seeking condonation of delay which

SURESH PATEL,DEWAS vs. CIT(A),NFAC, DELHI

Appeal is dismissed

ITA 131/IND/2025[2009-10]Status: DisposedITAT Indore31 Jul 2025AY 2009-10

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

Section 144Section 249(4)(b)Section 253(5)Section 271(1)(c)

delayed by 312 days and therefore time-barred. Ld. AR for assessee submitted that the assessee has filed a condonation-application supported by an affidavit. Referring to the contents of same and also referring to the orders of lower- authorities, Ld. AR explained that the assessee is a senior citizen and pure agriculturist. That, the assessee has never filed

SURESH PATEL,DEWAS vs. CIT(A) ,NFAC, DELHI

Appeal is dismissed

ITA 130/IND/2025[2009-10]Status: DisposedITAT Indore31 Jul 2025AY 2009-10

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

Section 144Section 249(4)(b)Section 253(5)Section 271(1)(c)

delayed by 312 days and therefore time-barred. Ld. AR for assessee submitted that the assessee has filed a condonation-application supported by an affidavit. Referring to the contents of same and also referring to the orders of lower- authorities, Ld. AR explained that the assessee is a senior citizen and pure agriculturist. That, the assessee has never filed

GORELAL PARMAR,BHOPAL vs. ITO 2(5), BHOPAL

In the result appeal of the assessee is allowed for statistical

ITA 71/IND/2024[2013-14]Status: DisposedITAT Indore26 Jul 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Gorelal Parmar, Ito 2(5), 8, Hoshangabad Road, Bhopal Arvind Vihar, Vs. Baghugliya, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Bkxpp3183R Assessee By S/Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 25.07.2024 Date Of Pronouncement 26.07.2024 O R D E R

Section 115BSection 144Section 69A

condonation of the delay in filing the appeal nor has he satisfactorily explained the purported 'sufficient cause for not preferring the appeal within the time limit as prescribed under Section 249(2

REKHA KHANDELWAL,RAJGARH vs. ITO WARD RAJGARH, RAJGARH

Appeal is allowed for statistical purpose

ITA 649/IND/2025[2014-15]Status: DisposedITAT Indore19 Feb 2026AY 2014-15

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2014-15 Rekha Khandelwal, Income-Tax Officer, Ward No.2, Near Chote Ward Rajgarh Hanuman Mandir, बनाम/ Rajgarh Bus Stand Vs. S.O. Rajgarh, (Assessee/Appellant) (Revenue/Respondent) Pan: Eljpk1548B Assessee By Shri Milind Wadhwani, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 19.02.2026

Section 139Section 142(1)Section 147Section 148Section 249(4)(b)Section 253(5)Section 68

2 SCC 387 that whenever substantial justice and technical considerations are opposed to each other, the cause of substantial justice must be preferred by adopting a justice-oriented approach. Thus, taking into account the facts of case, the provision of section 253(5) and the decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal

MANOJ KUMAR MOTWANI,BETUL MP vs. ASSISTANT COMMISSIONER , INCOME TAX DEPARTMENT NFAC

Appeal is allowed for statistical purpose

ITA 151/IND/2024[2013-14]Status: DisposedITAT Indore25 Jul 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2013-14 Manoj Kumar Motwani, Acit, Prop. Neelam Store, Nfac, Lally Chowk, Delhi बनाम/ Kothi Bazar, Vs. Betul (Assessee/Appellant) (Revenue/Respondent) Pan: Aaupm8830E Assessee By Shri Rakesh Khandelwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.07.2024 Date Of Pronouncement 25.07.2024

Section 139Section 142(1)Section 147Section 148Section 249(4)(b)Section 253(5)Section 69A

2 of 9 Shri Manoj Kumar Motwani, Betul vs. ACIT, NFAC, Delhi ITA No. 151/Ind/2024 – A.Y. 2013-14 Court, we take a judicious view, condone small delay of 9 days, admit appeal and proceed with hearing. 3. The background facts leading to this appeal are such that the AO, on receipt of information that the assessee had deposited cash

SHEETAL NATH COLONIZERS,BHOPAL vs. ITO,1(2), BHOPAL, AAYKAR BHAWAN, BHOPAL

In the result the impugned order is set aside as & by way of

ITA 1094/IND/2025[2013-14]Status: DisposedITAT Indore19 Feb 2026AY 2013-14

Bench: Shri B.M. Biyani & Shri Paresh M Joshisheetal Nath Colonizers, Ito 1(2) बनाम/ Plot No.48, M/S Sheetal Nath Bhopal Vs. Colonizers, Near Arya Bhawan, M. P. Nagar Zone Ii Bhopal (Pan: Abzfs4967L (Appellant) (Respondent) Assessee By Shri Ashish Goyal & Shri N. D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 29.01.2026 Date Of Pronouncement 19.02.2026 आदेश/ O R D E R

Section 115BSection 142(1)Section 143(2)Section 147Section 148Section 246ASection 250Section 253Section 271(1)(c)Section 60

section 249(2). Thus, this is clearly a case of lapses, which are directly the result of deliberate inaction on the part of the appellant. 5.10 This is not a case of change in law which is beneficial to the appellant and hence the delay in seeking such remedy may be condoned

AKHILESH KUMAR PATEL,SHAHDOL vs. INCOME TAX OFFICER DHAR, DHAR

Appeal is allowed for statistical purpose

ITA 627/IND/2024[2018-19]Status: DisposedITAT Indore22 Aug 2025AY 2018-19
Section 142(1)Section 147Section 148Section 148ASection 253(5)

condone the\nAkhilesh Kumar Patel\nITA No. 627/Ind/2024 – A.Y. 2018-19\ndelay and admit this appeal. Ld. DR for Revenue left the matter to the\nwisdom of Bench without raising any serious objection. We have considered\nthe explanation advanced by assessee and in absence of any contrary fact or\nmaterial on record, the assessee is found to have a sufficient

AMIT VYAS,UJJAIN vs. INCOME TAX OFFICER 2(1), UJJAIN , UJJAIN

Appeal is allowed for statistical purpose

ITA 510/IND/2023[2015-16]Status: HeardITAT Indore06 Sept 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Shri Amit Vyas, Income-Tax Officer, 103, Raghukul Apartment, 2(1), बनाम/ Kshpanak Marg, Ujjain Vs. Ujjain (Assessee/Appellant) (Revenue/Respondent) Pan: Aefpv4664L Assessee By Shri Milind Wadhwani, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 04.09.2024 Date Of Pronouncement 09.09.2024

Section 143(1)Section 143(2)Section 143(3)Section 249(2)Section 249(3)

section 249 of the Act as both the provisions stipulate that after expiry of stipulated period of limitation as per provisions of the relevant Act, if the court satisfied that there was a “sufficient cause” for non-representing the appeal within prescribed period, then the appeal may be admitted for hearing on merits by condoning the delay.” 6.3 Further

PRATHMIK KRASHI SAKH SAHKARI SAMITI PEEKLON,VIDHISHA vs. ACIT, VIDHISHA

In the result, the appeal is dismissed

ITA 130/IND/2024[2015-16]Status: DisposedITAT Indore19 Jul 2024AY 2015-16

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

Section 249(2)Section 69A

249(3) of the Income Tax Act, 1961 for the appellant's failure to file the appeal within the stipulated period of limitation u/s.249(2) of the Income Tax Act, 1961 read with Section 5 of Limitation Act, 1963. Under Section 5 of the 1963 Act, the courts are empowered to condone the delay

PRATHMIK KRASHI SAKH SAHKARI SAMITI PEEKLON,,VIDHISHA vs. ACIT, VIDHISHA

In the result, the appeal is dismissed

ITA 131/IND/2024[2016-17]Status: DisposedITAT Indore19 Jul 2024AY 2016-17

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

Section 249(2)Section 69A

249(3) of the Income Tax Act, 1961 for the appellant's failure to file the appeal within the stipulated period of limitation u/s.249(2) of the Income Tax Act, 1961 read with Section 5 of Limitation Act, 1963. Under Section 5 of the 1963 Act, the courts are empowered to condone the delay

JAYKRISHNAN NAIR,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX -3(1, BHOPAL

Appeal of the assessee is allowed for statistical

ITA 538/IND/2024[2010-11]Status: HeardITAT Indore24 Jun 2025AY 2010-11

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

Section 144Section 246ASection 249(2)Section 249(3)Section 250Section 253Section 271(1)(c)

249(2) of the Income Tax Act, 1961 r.w.s. 5 of the Limitation Act the delay of 2037 days in filing of appeal is not condoned and appeal is not admitted. Page 4 of 13 Jaykrishnan Nair ITA Nos. 538&732 /Ind/2024 - A.Y.2010-11 3.2 The Ld. AR interalia contended that assessee was a commercial pilot working with a Nigerian Airlines

JAYKRISHNAN NAIR,MUMBAI vs. COMMISSIONER OF INCOME TAX APPEALS, DELHI

Appeal of the assessee is allowed for statistical

ITA 732/IND/2024[2010-11]Status: HeardITAT Indore24 Jun 2025AY 2010-11

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

Section 144Section 246ASection 249(2)Section 249(3)Section 250Section 253Section 271(1)(c)

249(2) of the Income Tax Act, 1961 r.w.s. 5 of the Limitation Act the delay of 2037 days in filing of appeal is not condoned and appeal is not admitted. Page 4 of 13 Jaykrishnan Nair ITA Nos. 538&732 /Ind/2024 - A.Y.2010-11 3.2 The Ld. AR interalia contended that assessee was a commercial pilot working with a Nigerian Airlines

MH BROTHERS ,RAISEN vs. THE ITO , RAISEN

In the result, appeals filed by the assessee for A

ITA 370/IND/2022[2013-14]Status: DisposedITAT Indore18 Jul 2023AY 2013-14

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

Section 249(2)Section 250

condonation of delay. 4.According to Section 249(2) an appeal before the CIT(A) shall be presented within 30 days

MH BROTHERS ,RAISEN vs. THE ITO , RAISEN

In the result, appeals filed by the assessee for A

ITA 371/IND/2022[2014-15]Status: DisposedITAT Indore18 Jul 2023AY 2014-15

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

Section 249(2)Section 250

condonation of delay. 4.According to Section 249(2) an appeal before the CIT(A) shall be presented within 30 days

RAJESH KUMAR RATHORE,SEHORE vs. INCOME TAX OFFICER- WARD 5, SEHORE, SEHORE

In the result, the impugned order is set aside as & by way of\nremand back to the file of the Ld

ITA 535/IND/2025[2018-19]Status: DisposedITAT Indore19 Feb 2026AY 2018-19
Section 133(6)Section 142(1)Section 147Section 148Section 148ASection 250Section 253Section 69

condonation of delay.", "result": "Allowed", "sections": [ "253 of the Income Tax Act, 1961", "147 of the Income Tax Act, 1961", "144/144B of the Income Tax Act, 1961", "69 of the Income Tax Act, 1961", "115BBE of the Income Tax Act, 1961", "246A of the Income Tax Act, 1961", "249(2

KALPANA NARWARE,BETUL vs. INCOME TAX OFFICER, BETUL

Appeal is allowed for statistical purpose

ITA 202/IND/2025[2017-18]Status: DisposedITAT Indore16 Jan 2026AY 2017-18
Section 144Section 253

section 249(3) r.w.s. 253(5) of the Act and the decision of\nKalpana Narware\nITA No. 202/Ind/2025 - AY 2017-18\nHon'ble Supreme Court, we condone the delay occurred at the stage of filing\nfirst-appeal before CIT(A).\n5. On merit of case, Ld. AR for assessee submitted that the assessee has\nmade part-participation during assessment-proceeding