REKHA KHANDELWAL,RAJGARH vs. ITO WARD RAJGARH, RAJGARH

Appeal is allowed for statistical purpose

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

condone delay, admit appeal and proceed with hearing. 4. The background facts leading to this appeal are such that the AO, on the basis of information available in Annual Information Return (AIR) revealing that the assessee made cash deposit of Rs. 75,52,500/- in SB A/c No. 076601501323 with ICICI Bank, Rajgarh during the financial year 2013- 14 relevant

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

Appeal is allowed for statistical purpose

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

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 of Rs. 24,65,550/- in Bank A/c during the financial year 2012-13 relevant to AY 2013-14 under consideration, issued notice dated

M/S PLATINUM HORAZINE PVT. LTD.,INDORE vs. THE ACIT CIRCLE 3(1), INDORE

In the result, the appeal of the assessee stands

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaआ.अ.सं./ I.T.A. No.713/Ind/2016 िनधा"रण वष" /Assessment Year: 2009-10

4. We have heard the rival submissions of both the parties and perused the material available on record. As far as the issue of condonation of delay is concerned, it is settled law that the Court quasi-judicial bodies are empowered to condone the delay if the litigant satisfies the Court that there were sufficient reasons for the availing

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

In the result, the appeal filed by the assessee is dismissed as barred by

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

4. On the other hand Ld. Departmental Representative has relied upon the impugned order of the CIT(A) and submitted that the assessee has not explained the delay even before March, 2020 when due to covid pandemic there was a lock down and limitation was extended by Hon'ble Supreme Court. 5. We have considered rival submissions and carefully perused

M/S KALINDI PLACE ,BHOPSL vs. ACIT CPC ,BANGLORE, BANGLORE

Bench: Shri Kul Bharatassessment Year: 2011-12

4) 3 Facts: 3.1 That the CIT(A) has erred in law not entertaining the Appeal u/s 249(2) without affording any opportunity of hearing for delay condoned when the appellant was prevented by sufficient cause that CPC has specifically stated that the rectification rights transferred to jurisdictional assessing officer on 25-6- 2013 Para

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

In the result, the appeal is dismissed

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

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 where a party approaching the court

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

In the result, the appeal is dismissed

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

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 where a party approaching the court

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

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

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

condone delay.” Page 4 of 9 ITANo.549/Ind/2023 Vijay Kumar Parekh 4.1 Thus, the CIT(A) has stated that no cause of delay is forthcoming from narration that no speaking order was received by the assesse and was unaware of this order. Further the CIT(A) has given reason that no document has been submitted which can explain such a long

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

In the result appeal of the assessee is allowed for statistical

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

delay may be condoned only when the CIT(A) is satisfied that the appellant had sufficient cause for not presenting it within the due date. 4 Gorelal Parmar Without prejudice to the above observations and defect, powers have been conferred upon the undersigned under Section 249

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

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

4 of 12 Sheetal Nath Colonizers ITA No. 1094/Ind/2025 - A.Y.2013-14 be condoned without there being compelling grounds, as laid down by the Hon'ble Courts. 5.9 On the given facts of the case, it is clear that the statutory right to appeal which was vested with the appellant has not been exercised within the stipulated time under section 249

MOHAN BHAWNANI,INDORE vs. ITO (INTERNATIONAL TAXATION & TRANSFER PRICING), BHOPAL

In the result appeals of the assessee for Assessment Year

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

4. At the outset Ld. Counsel for the assessee submitted that in the impugned orders Ld. CIT(A) has dismissed assessee’s appeals for delay in filing of appeal. The delay was for 491 days. Though the assessee requested for condoning the delay giving reasonable and sufficient cause which prevented the appellant to file the appeal within the stipulated time

MOHAN BHAWNANI,INDORE vs. ITO (INTERNATIONAL TAXATION & TRANSFER PRICING), BHOPAL

In the result appeals of the assessee for Assessment Year

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

4. At the outset Ld. Counsel for the assessee submitted that in the impugned orders Ld. CIT(A) has dismissed assessee’s appeals for delay in filing of appeal. The delay was for 491 days. Though the assessee requested for condoning the delay giving reasonable and sufficient cause which prevented the appellant to file the appeal within the stipulated time

MOHAN BHAWNANI,INDORE vs. ITO (INTERNATIONAL TAXATION & TRANSFER PRICING), BHOPAL

In the result appeals of the assessee for Assessment Year

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

4. At the outset Ld. Counsel for the assessee submitted that in the impugned orders Ld. CIT(A) has dismissed assessee’s appeals for delay in filing of appeal. The delay was for 491 days. Though the assessee requested for condoning the delay giving reasonable and sufficient cause which prevented the appellant to file the appeal within the stipulated time

M/S. DIASPARK INFOTECH PVT. LTD.,INDORE vs. THE NFAC ,NEW DELHI, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Manish Borad & T.R. Senthil Kumar

249(3) for condonation of delay, the appellant must show that he was diligent all along with taking appropriate steps and if he appears to be guilty of lapses or negligence, then he must be prepared to have his remedy barred without expecting condonation. 4.4 On the basis of the circumstances of the case, it is held that the appellant

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

Appeal is allowed for statistical purpose

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 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

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

Appeal of the assessee is allowed for statistical

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

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. DEPUTY COMMISSIONER OF INCOME TAX -3(1, BHOPAL

Appeal of the assessee is allowed for statistical

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

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

MALA DHIRENDRA SINGH,BHOPAL vs. INCOME TAX OFFICER WARD 1(4), INDORE

In the result the “Impugned order” is set aside as and by

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

Section 249(3) of the Act. The appeals are therefore not admitted and proceeded with, and therefore dismissed in limine. However, without any prejudice to the rejection of appellant's condonation of delay plea resulting in appeals being dismissed in limine, appellant's two appeals are considered for disposal on facts of case as available on record and keeping