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64 results for “condonation of delay”+ Section 45(5)clear

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Key Topics

Section 143(3)41Section 26333Addition to Income30Disallowance25Condonation of Delay25Section 142(1)21Section 25020Section 25318Section 148

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

45 km away from the\nAppellant's village. Although the Appellant had provided all necessary\ndetails in a timely manner, the CA failed to file the responses within the\nstipulated time.\n11. That, after the passing of the impugned assessment order, the brother of\nAppellant who handle family business of petrol pump had contacted\nChartered Accountant, who initially informed

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

Showing 1–20 of 64 · Page 1 of 4

18
Section 14718
Section 271A18
Limitation/Time-bar15
Section 144Section 246ASection 249(2)Section 249(3)Section 250Section 253Section 271(1)(c)

5 of 13 Jaykrishnan Nair ITA Nos. 538&732 /Ind/2024 - A.Y.2010-11 sufficient reasons and therefore same should have been condoned. However the Ld. CIT(A) in the “impugned order” has not considered his request for condonation of delay and has given following reasons:- “2.2 Since the return of income for the AY 2010-11 was not filed, the AO issued

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)

5 of 13 Jaykrishnan Nair ITA Nos. 538&732 /Ind/2024 - A.Y.2010-11 sufficient reasons and therefore same should have been condoned. However the Ld. CIT(A) in the “impugned order” has not considered his request for condonation of delay and has given following reasons:- “2.2 Since the return of income for the AY 2010-11 was not filed, the AO issued

SHREEPAL HUMAD,INDORE vs. THE PR CIT-1, INDORE

In the result, appeal of assessee is allowed

ITA 125/IND/2021[2016-17]Status: DisposedITAT Indore21 Jun 2023AY 2016-17

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishreepal Humad Pr. Cit-1 Near Civil Hospital, Bus Indore Vs. Stand Road, Manasa Madhya Pradesh (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaxph1346 K Assessee By Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 13.04.2023 Date Of Pronouncement 21 .06.2023

Section 12ASection 138Section 263

condone delay) and termination of proceedings.” Accordingly, in view of the judgment of Hon’ble Supreme Court in suo- moto cognizance for extension of the limitation, the appeal of the assessee is treated as filed within limitation. 5. In the case of assessee the assessment u/s 143(3) was completed on 15.12.2018 at a total income of Rs.10

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

5)\nDepartmental Representative\n(6)\nGuard File\nBy order\nSenior Private Secretary\nIncome Tax Appellate Tribunal\nIndore Bench, Indore", "summary": { "facts": "The assessee is aggrieved by an order that treated cash deposits of Rs. 3,45,00,000/- as unexplained income under Section 69 of the Income Tax Act, 1961. The assessee failed to file an income tax return

SITARAM MUCHHALA,MARDANA vs. ITO KHARGONE, KHARGONE

ITA 661/IND/2025[2018-19]Status: DisposedITAT Indore27 Feb 2026AY 2018-19

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

Section 142(1)Section 147Section 148Section 246ASection 250Section 253Section 45Section 56Section 57

45, made to the income of the appellant. 2. On the facts and circumstances of the case and in law, the Ld. NFAC erred in upholding the addition of Rs. 7,12,817/- under section 56, made to the income of the appellant. 3. On the facts and circumstances of the case and in law, the NFAC Order dated

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

ITA 533/IND/2025[2018-19]Status: DisposedITAT Indore19 Feb 2026AY 2018-19
Section 115BSection 147Section 250Section 253Section 271ASection 274(2)Section 288ASection 69

Condonation of Delay" along with “An\nAffidavit in support" before the Ld. CIT(A) which we have\nreproduced above (supra), we observe that it was contended by\nthe assessee that he is not well educated & had no knowledge\nabout his case that it was selected for reassessment u/s 147 of\nthe Act & that the reassessment proceedings are now\nconducted

SANDEEP KUMAR SONI,BHOPAL vs. THE ITO 4(3), BHOPAL

Appeals are allowed

ITA 82/IND/2023[2017-18]Status: DisposedITAT Indore24 Feb 2025AY 2017-18

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhashri Deepak Soni, Ito-4(3), बनाम/ Prop. Ambalika Jewellers, Bhopal Vs. 18, Chowk Bazar, Bhopal (Pan: Acyps8020J) (Assessee/Appellant) (Revenue/Respondent) Shri Sandeep Kumar Soni, Ito-4(3), बनाम/ Prop. Ambey Jewellers, Bhopal Vs. 18, Chowk Bazar, Bhopal (Pan: Avgps0484F) (Assessee/Appellant) (Revenue/Respondent)

Section 143(3)Section 253(5)

condone delay, admit appeal and proceed with hearing. 4. The brief facts leading to this appeal are such that the assessee- individual is engaged in jewellery business the name of M/s Ambalika Jewellers, Bhopal. For AY 2017-18 under consideration, the assessee filed return declaring a total income of Rs. 8,73,380/-. The case was selected under scrutiny

SHRI DEEPAK SONI, BHYOPAL vs. THE ITO 4 (3), BHOPAL

Appeals are allowed

ITA 1/IND/2023[2017-18]Status: DisposedITAT Indore24 Feb 2025AY 2017-18

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhashri Deepak Soni, Ito-4(3), बनाम/ Prop. Ambalika Jewellers, Bhopal Vs. 18, Chowk Bazar, Bhopal (Pan: Acyps8020J) (Assessee/Appellant) (Revenue/Respondent) Shri Sandeep Kumar Soni, Ito-4(3), बनाम/ Prop. Ambey Jewellers, Bhopal Vs. 18, Chowk Bazar, Bhopal (Pan: Avgps0484F) (Assessee/Appellant) (Revenue/Respondent)

Section 143(3)Section 253(5)

condone delay, admit appeal and proceed with hearing. 4. The brief facts leading to this appeal are such that the assessee- individual is engaged in jewellery business the name of M/s Ambalika Jewellers, Bhopal. For AY 2017-18 under consideration, the assessee filed return declaring a total income of Rs. 8,73,380/-. The case was selected under scrutiny

ILIYAS,KHARGONE vs. INCOME TAX OFFICER, DELHI

Appeal of the assessee is allowed for statistical purpose

ITA 445/IND/2024[2013-2014]Status: DisposedITAT Indore22 Apr 2025AY 2013-2014

Bench: Smt. Annapurna Gupta & Shri Paresh M Joshiiliyas, Nfac, बनाम/ 56, Khargone Road Bedia, Delhi Vs. Khargone

Section 05Section 07Section 142(1)Section 143(2)Section 144Section 147Section 148Section 24Section 250Section 253

condone the delay of 45 days in filing the appeal. Matter admitted and taken up for hearing. 2. FACTUAL MATRIX 2.1 That as and by way of Assessment Order bearing Number :- ITBA/AST/S/147/2023-24/1053047716(1) dated 22.05.2023 the assessee’s total income was determined/computed at Rs.33,29,641/- in terms of Section 147 r.w.s. 144B of the Act. The aforesaid assessment order

DCIT-4(1), INDORE, INDORE vs. MARAL OVERSEAS LTD, KHARGONE

In the result appeal of Revenue is dismissed

ITA 571/IND/2025[2006-07]Status: DisposedITAT Indore27 Feb 2026AY 2006-07

Bench: Shri B.M. Biyani & Shri Paresh M Joshidcit-4(1), Indore Maral Overseas Ltd., बनाम/ Maral Sarovar, V& Po Vs. Khalbujurg, Kasrawad, Khargone, Bhopal

Section 10BSection 143(3)Section 246ASection 250Section 253Section 36Section 40A(7)Section 40A(7)(b)Section 40A(9)

section 36, or, as required by or under any other law for the time being is force", The contribution of Rs. 1,45,87,125/- was not made by the assessee in approved gratuity found, it is being disallowed and an amount of Rs. 1,45,87,125/-is added back to the taxable income of the assessee.” Page

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)

45. From the phraseology in clause (b) of section 13(1), it could be inferred that the Legislature intended to include only the trusts established for charitable purposes. That however does not mean that if a trust is a composite one, that is one for both religious and charitable purposes, then it would not be covered by clause (b). What

BHARAT JAROLI,NEEMUCH vs. PR. CIT UJJAIN, UJJAIN

In the result, the appeal of the assessee is dismissed

ITA 753/IND/2019[2014-15]Status: DisposedITAT Indore29 Feb 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri Manish Boradassessment Year : 2014-15 Shri Bharat Jaroli, Pr. Cit, B.No. 45, 1, Kila Road, Ujjain बनाम/ Mahaveer Bagh, Vs. Neemuch (Assessee / Appellant) (Revenue / Respondent) Pan: Aanpj5994K Assessee By Shri Anil Khandelwal, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 08.01.2024 Date Of Pronouncement 29.02.2024

Section 143(3)Section 263Section 40A(3)

45, 1, Kila Road, Ujjain बनाम/ Mahaveer Bagh, Vs. Neemuch (Assessee / Appellant) (Revenue / Respondent) PAN: AANPJ5994K Assessee by Shri Anil Khandelwal, CA Revenue by Shri Ashish Porwal, Sr. DR Date of Hearing 08.01.2024 Date of Pronouncement 29.02.2024 आदेश/O R D E R Per Vijay Pal Rao, JM: This appeal by the assessee is directed against the revision order dated

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

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

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

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

MADHYA PRADESH URJA VIKAS NIGAM LIMITED,BHOPAL vs. ITO 2(3), BHOPAL

In the result appeal of the assesse is allowed for statistical purpose

ITA 930/IND/2024[2013-14]Status: DisposedITAT Indore30 Sept 2025AY 2013-14

Bench: Shri B.M. Biyani & Shri Paresh M Joshimadhya Pradesh Urja Income Tax Officer बनाम/ Vikas Nigam Ltd, 2(3), Vs. 1 Urja Bhawan, Bhopal Link Road Nos.2, Shivaji Nagar, Bhopal (Pan:Aabcm1097M) (Assessee/Appellant) (Revenue/Respondent) Assessee By Shri Shashank Sharma, Ar Revenue By Shri Ashish Porwal, Dr Date Of Hearing 24.09.2025 Date Of Pronouncement 30.09.2025 आदेश / O R D E R

Section 143(3)Section 246ASection 249(2)Section 249(3)Section 250Section 253

5. Delay in filing of Appeal: a) The AO passed the Assessment order u/s 143(3) on 23.02.2016. This order was served on 10.03.2016 as per Form 35. Appellant had to file appeal on or before: 10.04.2016 i.e. within 30 days of receipt of order. However the Appellant filed appeal on 13.06.2016 i.e. there is delay of 64 days

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

45,55,100/- on account of contribution to provident fund, ESICGST\nwithout properly appreciating the facts of the case and submissions\nmade before him.\n4. The Ld. CIT(A) erred in confirming disallowance of Rs.82,43,986/-\nmade by the CPC invoking Sec.36(1)(va) of the Act, on account of\ndelayed payment of contribution to ESIC & PF without appreciating

NATIONAL LAW INSTITUTE UNIVERSITY ,BHOPAL vs. DCIT(EXEMPTION), BHOPAL

Appeal is allowed in terms mentioned above

ITA 423/IND/2024[2015-16]Status: DisposedITAT Indore09 Oct 2025AY 2015-16
Section 11Section 12ASection 143(2)Section 143(3)

delay of\n78/74 days is condoned taking into account the explanation given by\nassessee in above application in the light of Collector, Land Acquisition Vs\nMst. Katiji and others 1987 AIR 1353, 1987 2 SCC 387 having settled\nthe law long back that all such technical aspects must make a way for the\ncause of substantial justice.\n4. Brief facts