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66 results for “condonation of delay”+ Section 42clear

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Key Topics

Section 143(3)36Section 26334Addition to Income32Disallowance26Condonation of Delay21Section 12A18Section 253(5)17Section 14717Section 11

M/S NEO SACK LTD. vs. THE ACIT 4(2),

In the result, appeals of the assessee bearing No

ITA 263/IND/2008[05-Apr]Status: DisposedITAT Indore27 Jun 2018

Bench: Shri Kul Bharat, Hon’Ble & Shri Manish Borad, Hon’Ble

Section 43BSection 5

section is not a matter of right for the party who pleads the condonation but it depends on the discretion of the Court. The Court must be satisfied that the delay is caused due to a genuine reason. It is sufficiency of the cause which counts and not length of delay. 10. In view of the above legal position

M/S NEO SACK LTD vs. THE ACIT 4(2),

In the result, appeals of the assessee bearing No

ITA 262/IND/2008[2002-2003]Status: DisposedITAT Indore27 Jun 2018AY 2002-2003

Bench: Shri Kul Bharat, Hon’Ble & Shri Manish Borad, Hon’Ble

Showing 1–20 of 66 · Page 1 of 4

17
Depreciation14
Section 15413
Limitation/Time-bar13
Section 43BSection 5

section is not a matter of right for the party who pleads the condonation but it depends on the discretion of the Court. The Court must be satisfied that the delay is caused due to a genuine reason. It is sufficiency of the cause which counts and not length of delay. 10. In view of the above legal position

M/S HOPE TEXTILES LTD.,INDORE vs. THE ACIT 5(1), INDORE

In the result, all the appeals filed by the assessee are dismissed

ITA 698/IND/2016[1975-76]Status: DisposedITAT Indore19 Nov 2019AY 1975-76

Bench: Shri Kul Bharat & Shri Manish Borad

Section 119(2)(c)Section 154Section 244Section 40A(7)

condonation of delay in depositing the balance amount, thereafter the application remained pending before CBDT due to procedural steps. Invariably CBDT sought response of department to this application which was also delayed and in any event the delay in the matter due to pendency of application before CBDT could not be said to be delay on the part the appellant

M/S HOPE TEXTILES LTD.,INDORE vs. THE ACIT 5(1), INDORE

In the result, all the appeals filed by the assessee are dismissed

ITA 696/IND/2016[1973-74]Status: DisposedITAT Indore19 Nov 2019AY 1973-74

Bench: Shri Kul Bharat & Shri Manish Borad

Section 119(2)(c)Section 154Section 244Section 40A(7)

condonation of delay in depositing the balance amount, thereafter the application remained pending before CBDT due to procedural steps. Invariably CBDT sought response of department to this application which was also delayed and in any event the delay in the matter due to pendency of application before CBDT could not be said to be delay on the part the appellant

M/S HOPE TEXTILES LTD.,INDORE vs. THE ACIT 5(1), INDORE

In the result, all the appeals filed by the assessee are dismissed

ITA 697/IND/2016[1974-75]Status: DisposedITAT Indore19 Nov 2019AY 1974-75

Bench: Shri Kul Bharat & Shri Manish Borad

Section 119(2)(c)Section 154Section 244Section 40A(7)

condonation of delay in depositing the balance amount, thereafter the application remained pending before CBDT due to procedural steps. Invariably CBDT sought response of department to this application which was also delayed and in any event the delay in the matter due to pendency of application before CBDT could not be said to be delay on the part the appellant

M/S. M. LODHA IMPEX,RATLAM vs. THE ITO-1, RATLAM

In the result, the appeal of the assessee is partly allowed

ITA 185/IND/2016[2000-01]Status: DisposedITAT Indore27 Jun 2018AY 2000-01

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 185/Ind/2016 "नधा"रणवष" / Assessment Year: 2000-01 M/S.M.Lodha Impex, Vs. Income-Tax Officer, 117-118, Manak Chowk, Ward 1, Ratlam. Ratlam.

For Appellant: Shri Satiksh Solanki, DRFor Respondent: 29.05.2018
Section 119(1)(b)Section 119(2)(b)Section 142Section 143(2)Section 143(3)Section 154Section 234A

condonation of delay in respect of refund due. This instruction is issued with an objective to mitigate the hardship to the assessee. Para 7 of the Instruction, in our view, is limited to the extent of ascertaining the claim of the assessee. This does not empower the Assessing Officer to make scrutiny of the entire case, which goes against

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 147Section 148Section 246A

condone the delay as sufficient cause is shown. Hence the appeal is admitted & taken up for hearing. 3.2 The Ld. AR for & on behalf of the assessee has placed on record of this Tribunal a paper book containing pages 1 to 81 & a four pages written submissions in support. Few orders of ITAT are also placed on record

BISA NEEMA PANCHAYAT BHAWAN TRUST,M.G ROAD vs. COMMISSIONER OF INCOME TAX (EXEMPTION) BHOPAL, COMMISSIONER OF INCOME TAX(EXEMPTION) BHOPAL

Appeal is allowed for statistical purpose

ITA 480/IND/2024[2023-24]Status: DisposedITAT Indore29 Nov 2024AY 2023-24

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhaa.Y. : 2023-24 Bisa Neema Panchayat Commissioner Of Income- Bhawan Trust, Tax (Exemption), बनाम/ 285, M.G. Road, Bhopal Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aactb4287E Assessee By Shri S.S.Deshpande, C.A. & Ar Revenue By Shri V.K. Singh, Cit-Dr Date Of Hearing 27.11.2024 Date Of Pronouncement 29.11.2024

Section 12ASection 13(1)(b)Section 253(5)

42 days and therefore time-barred. Ld. AR for assessee submitted that the President of assessee-trust, Shri Rajesh Kothana, has filed an affidavit and prays for condonation of delay, the same is scanned and re-produced below: Page 1 of 13 Bisa Neema Panchayat Bhawan Trust, Indore. ITA No. 480/Ind/2024 - A.Y. 2023-24 Page 2 of 13 Bisa Neema

SAVITRI BAI JHAWAR SEWA NYAS,KHANDWA vs. INCOME TAX OFFICER (EXEMPTION), INDORE, INDORE

Appeal is allowed for statistical purpose

ITA 753/IND/2025[2020-21]Status: DisposedITAT Indore10 Apr 2026AY 2020-21

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2020-21 Savitri Bai Jhawar Sewa Ito (Exemption ) Nyas, Indore Viklang Bal Sewa Ashram, बनाम/ Bt College Road, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaats5055P Assessee By Shri Apurva Mehta & Shri Rajesh Mehta, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 06.04.2026 Date Of Pronouncement 10.04.2026

Section 11Section 12ASection 12A(1)(b)Section 139(1)Section 143(1)Section 154

condoning the delay in filing the appeal before the first appellate authority, which is against the principles of natural justice and thus, the Appellate Order dated 30.06.2025 passed by the Ld. Jt. CIT(A), is liable to be quashed. 5. On the facts and in the circumstances of the case and in law and without prejudice to the above

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

condone the delay, admit this appeal and proceed for hearing on merit. 4. The background facts leading to present appeal are such that the assessee is a partnership firm engaged in the wholesale trading of grain and pulses. For AY 2015-16, the assessee filed return declaring a turnover of Rs. 31,40,27,378/-, gross-profit

VIRENDRA KUMAR NAMDEV,INDORE vs. CIT(A), NATIONAL FACELESS APPEAL CENTRE (NFAC)

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

ITA 254/IND/2025[2013-14]Status: DisposedITAT Indore21 Jan 2026AY 2013-14

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri B.M. Biyani (Accountant Member)

For Appellant: Shri Pranay Goyal, C.AFor Respondent: Shri Ashish Porwal, Sr. D.R
Section 144BSection 147

section 144B of the Act on 27.05.2023 by estimating commission income at 5% of the alleged transaction value of ₹13,86,31,900/- and made an addition of ₹69,31,595/- as unexplained income, thereby assessing the total income at ₹69,31,595/-. 5. Aggrieved by the assessment order, the assessee preferred an appeal before the Commissioner of Income

HARE RAM MANDIR TRUST,BHOPAL vs. ITO -EXEMPTION, BHOPAL

In the result appeal of the assessee is allowed for statistical

ITA 770/IND/2024[2015-16]Status: DisposedITAT Indore30 Sept 2025AY 2015-16

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

Section 10Section 143(1)Section 154Section 246ASection 250Section 253

condone the delay and admit the appeal. 3.2 The Ld. AR then showed us the recovery of demand outstanding notice dated 15.11.2021 wherein for the year under consideration 2014-15 there was a demand of Rs.2,42,240/- as not paid. The Ld. AR then contended that at this point of time and date i.e. 15.12.2021 they became aware

HARE RAM MANDIR TRUST,BHOPAL vs. ITO-EXEMPTION, BHOPAL

In the result appeal of the assessee is allowed for statistical

ITA 769/IND/2024[2014-15]Status: DisposedITAT Indore30 Sept 2025AY 2014-15

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

Section 10Section 143(1)Section 154Section 246ASection 250Section 253

condone the delay and admit the appeal. 3.2 The Ld. AR then showed us the recovery of demand outstanding notice dated 15.11.2021 wherein for the year under consideration 2014-15 there was a demand of Rs.2,42,240/- as not paid. The Ld. AR then contended that at this point of time and date i.e. 15.12.2021 they became aware

ANDRITZ HYDRO P LTD,BHOPAL vs. PR CIT-1, BHOPAL

ITA 199/IND/2020[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing

Section 115JSection 253Section 263

condone the delay and admit the appeal for adjudication on merits. 4. Brief facts of the case as culled out from the records are that the return of income for A.Y. 2014-15 was filed on 30.11.2014 declaring income of Rs.18,14,79,168/- which was set off entirely against the brought forward loss

SANJAY SAHU,BHOPAL vs. THE TH4E ITO 2(1), BYHOPAL

ITA 172/IND/2023[2010-11]Status: DisposedITAT Indore21 Feb 2025AY 2010-11

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyaniassessment Year:2010-11 Sanjay Sahu, Ito 2(1), H.No.98-A Sector, Bhopal बनाम/ Kasturba Nagar, Vs. Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Apyps1707D Assessee By Shri Shashank Sharma, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 12.02.2025 Date Of Pronouncement 21.02.2025

Section 143(3)Section 253(5)Section 68Section 69Section 80C

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 return declaring a Gross Total Income of Rs. 2,97,706/-, Deduction of Rs. 45,271/- under Chapter

SHAILESH KALWADIA (HUF) ,UJJAIN vs. INCOME TAX OFFICER BPL-C-(91)(1), UJJAIN

The appeal of the assessee is allowed for statistical purpose

ITA 160/IND/2026[2013-14]Status: DisposedITAT Indore27 Mar 2026AY 2013-14

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

Section 147Section 246ASection 250Section 253

42,978/- though the transaction considered and disclosed in return as LTCG income was duly accounted. 4. The learned CIT(A) has erred in stating that no submissions were made during the appellate proceedings, whereas the appellant had duly filed written submissions and supporting 4 documents on multiple occasions during the hearing process. The CIT(A)'s failure to consider

SHAILESH KALWADIA (HUF),UJJAIN vs. INCOME TAX OFFICER, BPL-C(91)(1), BHOPAL

The appeal of the assessee is allowed for statistical purpose

ITA 464/IND/2025[2013-14]Status: DisposedITAT Indore27 Mar 2026AY 2013-14

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

Section 147Section 246ASection 250Section 253

42,978/- though the transaction considered and disclosed in return as LTCG income was duly accounted. 4. The learned CIT(A) has erred in stating that no submissions were made during the appellate proceedings, whereas the appellant had duly filed written submissions and supporting 4 documents on multiple occasions during the hearing process. The CIT(A)'s failure to consider

NIDHI JAIN,BHOPAL vs. ITO 3(1), BHOPAL

Appeal is partly allowed for statistical purpose

ITA 559/IND/2024[2015-16]Status: DisposedITAT Indore24 Feb 2025AY 2015-16

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhaassessment Year:2015-16

Section 143(2)Section 144Section 253(5)

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 her return of income of AY 2015-16 declaring a total income of Rs. 4,27,600/-. The case was selected

HIRAMANI AJIT KUMAR JAIN,RATLAM vs. ITO-1, RATLAM, RATLAM

The appeal of the assessee is allowed for statistical purpose

ITA 322/IND/2024[2011-2012]Status: HeardITAT Indore16 Oct 2024AY 2011-2012

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Hiramani Ajit Kumar Jain, Income Tax Officer-1, 77, Tashakand Marg, Ratlam Vs. Ratlam (Appellant / Assessee) (Respondent/ Revenue) Pan: Agcph3330A Assessee By Shri Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 16.10.2024 Date Of Pronouncement 16.10.2024 O R D E R

Section 271(1)Section 44ASection 69A

delay of 18 days in filing the appeal is condoned. 5. The assessee has raised following grounds of appeal: “1. That the order of the ADDL/JCIT(A) 2 Hyderabad is perverse, erroneous and is not tenable on facts and in law and also in breach of principle of natural justice. 1.1 That the action of the ADDL/JCIT(A) 2 Hyderabad

BABITA CHELAWAT,INDORE vs. DCIT/ACIT 1(1), INDORE, INDORE

The appeal of the assessee is allowed & the impugned order is set aside

ITA 611/IND/2025[2012-13]Status: DisposedITAT Indore27 Mar 2026AY 2012-13

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

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250Section 253

Section 143(3) r.w.s. 147 is bad in law, without jurisdiction, and liable to be quashed. 2. On the facts and circumstances of the case and in law, the 2 reassessment was completed without complying with the statutory requirements of law. 3. On the facts and circumstances of the case and in law, the 3 Hon. CIT(A) erred