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63 results for “condonation of delay”+ Section 40clear

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Key Topics

Section 143(3)47Section 253(5)30Addition to Income30Disallowance24Condonation of Delay24Section 14422Section 14820Section 142(1)19Section 263

RAVINDRA JAISWAL,BADWANI vs. INCOME TAX OFFICER, WARD SENDHWA, SENDWA

Appeal is allowed for statistical purpose

ITA 431/IND/2025[2017-18]Status: DisposedITAT Indore22 Dec 2025AY 2017-18
Section 144Section 253(5)

40 days in\nfilling of this appeal may very kindly be condoned so that justice may be done.\n(Ravindra Jaiswal)\nRavindra Jaiswal\nITA No. 431/Ind/2025 - AY 2017-18\n3. The averments made by assessee in above application, which are self-\nexplanatary and which do not require repetition, were discussed and the Ld.\nDR for revenue does not have

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

Showing 1–20 of 63 · Page 1 of 4

13
Limitation/Time-bar13
Section 143(2)12
Section 25311
Section 143(1)Section 143(2)Section 143(3)Section 249(2)Section 249(3)

40,00,000/- on account of unexplained cash deposit in bank a/c on 16.01.2015 and thereby determining total income at Rs. 46,12,360/-. 2.1 Aggrieved by AO’s order, the assessee filed first appeal to CIT(A) on 30.12.2019 with a huge delay of 669 days as calculated by CIT(A). The CIT(A) was not satisfied with

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 115BBE of the Act was proposed. Penalty proceeding u/s 271(1)(c) of the Act was also proposed in SCN. In response thereto AR of the assessee furnished reply on 28.02.2002 at final stage of assessment proceedings which examined and found not convincing. The relevant portion of reply is reproduced herewith. Para-4 of reply dated 28.12.2022 During

M/S LAXMINARAYAN ASSOCIATESBHOPAL,BHOPAL vs. THE ITO 3(2), BHOPAL

In the result, Quantum appeal is partly allowed and penalty appeal is allowed

ITA 83/IND/2023[2017-18]Status: DisposedITAT Indore28 Feb 2024AY 2017-18

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

Section 143(3)Section 271ASection 40Section 68

section 40(b)(iii). Hence, we uphold the impugned order to that extent. ITANo.215/Ind/2013 9. This appeal is arising from penalty order passed u/s 271AAC(1)(d) of the Act. There is a delay of three days in filing the present appeal. The assessee has filed an application for condonation

M/S LAXMINARAYAN ASSOCIATESBHOPAL,BHOPAL vs. THE ITO 3(2), BHOPAL

In the result, Quantum appeal is partly allowed and penalty appeal is allowed

ITA 215/IND/2023[2017-18]Status: DisposedITAT Indore28 Feb 2024AY 2017-18

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

Section 143(3)Section 271ASection 40Section 68

section 40(b)(iii). Hence, we uphold the impugned order to that extent. ITANo.215/Ind/2013 9. This appeal is arising from penalty order passed u/s 271AAC(1)(d) of the Act. There is a delay of three days in filing the present appeal. The assessee has filed an application for condonation

NAGEENA BI,BHOPAL vs. ITO - 1(1), , BHOPAL

ITA 405/IND/2023[2007-08]Status: DisposedITAT Indore20 Mar 2024AY 2007-08

Bench: Ms. Madhumita Roy & Shri B.M. Biyani

Section 143(3)Section 144Section 253(5)

40 days be condoned. Ld. DR for Revenue left the matter to the wisdom of Bench while showing no objection. We have considered the explanation advanced by assessee and in absence of any contrary fact or material on record, the assessee is found to have a sufficient cause for delay in filing present appeal. We find that section

INCOME TAX OFFICER 5(1), INDORE vs. UMANG DEVELOPERS, INDORE

Appeals are dismissed

ITA 502/IND/2023[2017-18]Status: DisposedITAT Indore27 Mar 2025AY 2017-18
Section 139Section 143(3)Section 253(5)

condone delay, admit these appeals and proceed with\nhearing.\n3. The background facts leading to present appeals are such that the\nassessee is a partnership firm engaged in the business of real estate. For AY\n2017-18 & 2018-19, the assessee filed its returns/revised returns of income\nu/s 139 declaring total incomes of Rs. Nil (with current year loss

BALAJI PHOSPHATES LIMITED,INDORE vs. DCITACIT 1(1) INDORE, INDORE

In the result appeal of the assessee is allowed

ITA 209/IND/2024[2017-18]Status: DisposedITAT Indore29 Jul 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibalaji Phosphates Limited, Dcitacit 1(1), 305, Utsav Avenue, Indore Vs. 12/5 Ushaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadcb5654R Assessee By Shri Subhash Jain, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 25.07.2024 Date Of Pronouncement 29.07.2024 O R D E R

Section 143(1)Section 143(1)(a)Section 154Section 234Section 40

condonation of delay and submitted that there is an inordinate delay in filing the appeal before CIT(A) of 1769 days. The assessee has not explained sufficient cause for such delay and has taken excuse of filing petition u/s 154 of the Act which was already disposed off by the CPC on 14.5.2019 within the period of 3 months from

RAJESH PRAJAPATI ,UJJAIN vs. ACIT CIRCLE 2(1) , UJJAIN

Appeal is partly allowed for statistical purposes

ITA 167/IND/2022[2012-13]Status: DisposedITAT Indore17 Jul 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2013-14 Shri Rajesh Prajapati, A.C.I.T., बनाम/ 15, Naliya Bakhal, Circle 2(1), Ujjain Ujjain Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Alnpp5190Q Assessee By Ms.Sonam Khandelwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 25.05.2023 Date Of Pronouncement 17.07.2023

Section 143(3)Section 36(1)(iii)Section 80CSection 80DSection 80G

section 253(5) of the Income-tax Act, 1961, we hereby condone the delay in filing present appeal and proceed to adjudicate on merits. GROUND NO. 1: 7. In this ground, the assessee has challenged the disallowance of Rs. 44,32,850/- made by the AO out of deduction of interest expenditure claimed by assessee u/s 36(1)(iii). Page

RADHAKISHAN,KHATEGAON, DEWAS vs. ITO-2, DEWAS, DEWAS

Appeals are allowed for statistical purpose

ITA 678/IND/2025[2010-11]Status: DisposedITAT Indore16 Jan 2026AY 2010-11
Section 144Section 148

condone the delay looking to the profile of\nthe assessee being senior citizen & agriculturist. After\nconsidering the submission of both the Ld. AR & Ld. DR we\ncondone the delay as sufficient cause is shown. Hence the appeal\nis admitted & taken up for hearing.\n3.2 The Ld. AR for & on behalf of the assessee has placed on\nrecord of this Tribunal

INCOME TAX OFFICER INDORE 5(1), INDORE vs. UMANG DEVELOPERS, INDORE

Appeals are dismissed

ITA 503/IND/2023[2018-19]Status: DisposedITAT Indore27 Mar 2025AY 2018-19
Section 139Section 143(3)Section 253(5)

condone delay, admit these appeals and proceed with\nhearing.\n3. The background facts leading to present appeals are such that the\nassessee is a partnership firm engaged in the business of real estate. For AY\n2017-18 & 2018-19, the assessee filed its returns/revised returns of income\nu/s 139 declaring total incomes of Rs. Nil (with current year loss

SANTOSH CHATURVEDI,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX CPC, BHOPAL MADHYA PRADESH

In the result, the appeal of the assessee is allowed for\nstatistical purpose

ITA 697/IND/2024[2019-2020]Status: DisposedITAT Indore22 Jul 2025AY 2019-2020
Section 143(1)Section 246ASection 249(2)Section 250Section 253Section 36(1)(va)Section 43B

condoning the delay in filing of appeal\nwithout properly appreciating the facts of the case.\n3. That the Ld. CIT erred in confirming the additions by way of\nadjustment while processing the return u/s.143(1) of Rs.\n1,45,55,100/- on account of contribution to provident fund, ESICGST\nwithout properly appreciating the facts of the case and submissions\nmade

SHREERAM CONSTRUCTIONS,BHOPAL vs. COMMISSIONER OF INCOME-TAX (APPEALS), DELHI

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

ITA 481/IND/2025[2013-14]Status: DisposedITAT Indore27 Feb 2026AY 2013-14

Bench: Shri B.M. Biyani & Shri Paresh M Joshishreeram Construction, Commissioner Of बनाम/ Shop No.2,New Shri Ram Income-Tax Vs. Parisar, Phase I Khajuri Kala, (Appeals) Bhopal, Bhopal (Pan:Abgfs5939P) (Appellant) (Respondent) Assessee By Shri Govind Rinwa, Ca Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 09.02.2026 Date Of Pronouncement 27.02.2026 आदेश/ O R D E R

Section 143(1)Section 143(3)Section 194CSection 2(22)Section 2(22)(e)Section 246ASection 250Section 253Section 37(1)Section 40

section 253 of the income tax Act 1961,[ herein after referred to as the Act for the sake of convenience & brevity] before this tribunal as and by way of a second appeal. The Assessee is aggrieved by the order bearing Number:-ITBA/NFAC/S/250/2023- 24/1055303506(1) dated 22/08/2023 passed by the Ld. CIT(A) u/s 250 of the Act, which is herein

SIDDHI VINAYAK,INDORE vs. ITO-3(1), INDORE

Appeal is partly allowed

ITA 260/IND/2023[2015-16]Status: DisposedITAT Indore30 Apr 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Siddhi Vinayak, Income-Tax Officer, 210, Dhan Trident, 3(1), Satya Sai Square, Indore. बनाम/ Vijay Nagar, Vs. Indore. (Assessee/Appellant) (Revenue/Respondent) Pan: Accfs1664A Assessee By Shri Arpit Gaur, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Final Hearing 22.04.2024 Date Of Pronouncement 30.04.2024

Section 139(1)Section 143(3)Section 145Section 145(3)Section 44A

section 253(5) of the Act allows the ITAT to admit a belated appeal in case of “sufficient cause”. The Hon’ble Supreme Court in Collector, Land Acquisition Vs Mst. Katiji has stipulated following principles in the matter of condonation of delay and for that matter while looking into “sufficient cause”: Page 5 of 16 Siddhi Vinayak, Indore

RAJESH KUMAR AGRAWAL,DEWAS vs. ITO DEWAS, DEWAS

Appeal is allowed for statistical purpose

ITA 532/IND/2025[2015-16]Status: DisposedITAT Indore09 Dec 2025AY 2015-16

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyaniassessment Year:2015-16 Rajesh Kumar Agrawal, Ito 105, Agra Mumbai Road, Dewas बनाम/ Dewas Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Abopa3336J Assessee By Shri Pranay Goyal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 09.12.2025 Date Of Pronouncement 22.12.2025

Section 139Section 143(3)Section 201(1)Section 253(5)Section 40

section 253(5) and the decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing. 3. The background facts leading to present appeal are such that the assessee-individual filed his return of AY 2015-16 declaring a total income of Rs. 10,60,670/- which was assessed by AO through

ADIM JATI SEVA SAHAKARI SAMITI MARYADIT,HARDA MADHYA PRADESH vs. NFAC, ITO(1) HARDA, HARDA

Appeal is allowed for statistical purpose

ITA 71/IND/2025[2020-21]Status: DisposedITAT Indore25 Jun 2025AY 2020-21

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year: 2020-21 Adim Jati Seva Sahakari Assessment Unit Samiti Mydt, Mohanpur Income Tax Department बनाम/ Harda Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Aaaaa5193M Assessee By Shri Gagan Tiwari, Ar Revenue By Shri Ashish Porwar, Sr. Dr Date Of Hearing 23.06.2025 Date Of Pronouncement 25.06.2025

Section 143(2)Section 144Section 144BSection 80P

section 144B of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2020-21, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36). Page 1 of 11 Adim Jati Seva Sahakari Samiti Mydt ITA No. 71/Ind/2025 - AY 2020-21 2. The background facts leading to present appeal are such that the assessee

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

VIPUL JAIN,INDORE vs. THE INCOME TAX OFFICER, 5(2), INDORE, INDORE

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

ITA 431/IND/2023[2017-18]Status: DisposedITAT Indore29 Apr 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanivipul Jain Ito, 5(2) 18, Ganesh Colony, Rambag Indore Vs. Mp (Appellant / Assessee) (Respondent/ Revenue) Pan: Agnpj8206E Assessee By Shri S.N. Agrawal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 24.04.2024 Date Of Pronouncement 29.04.2024

Section 69A

delay of 129 days in filing the present appeal is condoned. 6. The assessee has raised following grounds of appeal: “1.That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deciding the appeal ex-parte without giving proper opportunity of being heard to the appellant. 2 That on the facts

JASTEJ GOROWARA,BHOPAL vs. COMMISSIONER OF INCOME-TAX (APPEALS), DELHI

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

ITA 277/IND/2025[2015-16]Status: DisposedITAT Indore23 Dec 2025AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

For Appellant: Respondent byFor Respondent: Shri Ashish Porwal, Sr. DR
Section 133(6)Section 147Section 148Section 271(1)(c)Section 68

40,000/- through open auction from UCO Bank and that part of the investment, including unsecured loans of ₹90,00,000/- and alleged unexplained investment of ₹73,30,464/-, had escaped assessment. In response to the notice under section issued notice u/s 148 of the Act, the assessee filed a return of income on 23.05.2016 declaring total income

JASTEJ GOROWARA,BHOPAL vs. CIT(A), DELHI

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

ITA 276/IND/2025[2011-12]Status: DisposedITAT Indore23 Dec 2025AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

For Appellant: Respondent byFor Respondent: Shri Ashish Porwal, Sr. DR
Section 133(6)Section 147Section 148Section 271(1)(c)Section 68

40,000/- through open auction from UCO Bank and that part of the investment, including unsecured loans of ₹90,00,000/- and alleged unexplained investment of ₹73,30,464/-, had escaped assessment. In response to the notice under section issued notice u/s 148 of the Act, the assessee filed a return of income on 23.05.2016 declaring total income