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191 results for “condonation of delay”+ Section 10(38)clear

Sorted by relevance

Chennai647Mumbai561Delhi506Kolkata351Bangalore220Jaipur191Ahmedabad179Pune179Hyderabad173Karnataka146Chandigarh91Raipur88Nagpur71Surat61Indore61Calcutta48Lucknow48Amritsar46Rajkot42Cuttack39Cochin29SC23Visakhapatnam21Telangana18Varanasi17Allahabad13Panaji12Patna11Dehradun8Agra7Guwahati7Rajasthan5Jodhpur3Jabalpur3Orissa3Ranchi3Himachal Pradesh2Andhra Pradesh1A.K. SIKRI ROHINTON FALI NARIMAN1

Key Topics

Addition to Income70Condonation of Delay51Section 12A39Section 1133Section 143(3)33Section 25030Section 143(1)27Limitation/Time-bar27Section 147

NIRMAL KUMAR AGRAWAL,JAIPUR vs. DCIT, CIRCLE - 4 , JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1224/JPR/2024[2013-2014]Status: DisposedITAT Jaipur13 Feb 2025AY 2013-2014
For Appellant: Sh. Tarun Mittal, CAFor Respondent: Mrs. Swapnil Parihar, JCIT-DR
Section 133ASection 147Section 148Section 68Section 69C

38) ELT 739 held that delay due to inter departmental correspondence and processing is not a sufficient cause for condonation of delay. Similarly in the case of Calcutta Municipal Corpn v. Pawan Kumar Saraf J.T. 1999 (1) S.C. 39 it was held by the Hon'ble Apex Court that even if the Court should be liberal in condonation of delay

Showing 1–20 of 191 · Page 1 of 10

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25
Disallowance25
Section 271B24
Natural Justice23

VISHNU PAREEK,JAIPUR vs. CIT(A), JAIPUR

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

ITA 292/JPR/2022[2009-10]Status: DisposedITAT Jaipur20 Apr 2023AY 2009-10

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Mahendra Gargieya (Adv.)For Respondent: Smt Chanchal Meena (Addl. CIT)
Section 142(1)Section 143(2)Section 147Section 148

Section 147/143(3) of the Income tax Act, 1961 (in short 'the Act') dated 14.12.2016. 2 Vishnu Pareek vs. CIT(A) 2. In this appeal, the assessee has raised following grounds: - “1. The ld. CIT(A) seriously erred in facts and law in dismissing the appeal on account of delay of 162 days in filing of appeal before him against

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 507/JPR/2025[A.Y. 2018-19]Status: DisposedITAT Jaipur12 Nov 2025

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

10 SCC 448 – A party misleading the court cannot claim equitable relief (Paper Book Page No. 45 to 50). 5. Application to Present Case • The assessee has not discharged the burden of showing any “sufficient cause” under Section 5 of the Limitation Act. • On the contrary, the assessee has attempted to misrepresent the High Court’s order. • Condonation of delay

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 505/JPR/2025[2015-16]Status: DisposedITAT Jaipur12 Nov 2025AY 2015-16

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

10 SCC 448 – A party misleading the court cannot claim equitable relief (Paper Book Page No. 45 to 50). 5. Application to Present Case • The assessee has not discharged the burden of showing any “sufficient cause” under Section 5 of the Limitation Act. • On the contrary, the assessee has attempted to misrepresent the High Court’s order. • Condonation of delay

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 508/JPR/2025[2020-21]Status: DisposedITAT Jaipur12 Nov 2025AY 2020-21

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

10 SCC 448 – A party misleading the court cannot claim equitable relief (Paper Book Page No. 45 to 50). 5. Application to Present Case • The assessee has not discharged the burden of showing any “sufficient cause” under Section 5 of the Limitation Act. • On the contrary, the assessee has attempted to misrepresent the High Court’s order. • Condonation of delay

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 506/JPR/2025[2016-17]Status: DisposedITAT Jaipur12 Nov 2025AY 2016-17

Bench: This Tribunal Are As Under :

For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

10 SCC 448 – A party misleading the court cannot claim equitable relief (Paper Book Page No. 45 to 50). 5. Application to Present Case • The assessee has not discharged the burden of showing any “sufficient cause” under Section 5 of the Limitation Act. • On the contrary, the assessee has attempted to misrepresent the High Court’s order. • Condonation of delay

PRAMILA AGARWAL,JAIPUR vs. THE INCOME TAX OFFICER WARD-2(5), JAIPUR

In the result, the appeal of the assessee is allowed

ITA 531/JPR/2025[2011-12]Status: DisposedITAT Jaipur10 Oct 2025AY 2011-12
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Gorav Avasthi, JCIT
Section 147Section 148Section 68

condone\nthe delay of 108 days in filing the appeal before us but with a cost of Rs.\n5,000/- to be deposited into the Prime Minister Relief Fund to be\ndeposited by the assessee when the assessee apply for the appeal effect of\nthis order.\n\n4.\nBrief facts of the Case are that the assessee had filed

PAPPU JAISWAL,JAIPUR vs. INCOME TAX OFFICER WARD 2(2), JAIPUR

In the result, the appeal of the assessee is allowed

ITA 281/JPR/2025[2012-13]Status: DisposedITAT Jaipur24 Apr 2025AY 2012-13

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. S. B. Natani, C.AFor Respondent: Sh. Gautam Singh Choudhary, JCIT
Section 144Section 147Section 148Section 68Section 69

condoning the delay. The individual grounds of appeal are discussed here under- Grounds of Appeal 1. That In the facts and circumstances of the case and in law the learned CIT (A) has erred in dismissing the appeal of the assessee simply on the ground of alleged non compliance of opportunity granted by him whereas the appeal required

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

ITA 666/JPR/2023[2013-14]Status: DisposedITAT Jaipur26 Apr 2024AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Amit Kothari (C.A.)For Respondent: Shri Ajay Malik (CIT)
Section 11Section 143(3)Section 234A

38,91,000/- on account of application of income claimed for Shala Swasthya Karyakrama incurred. The disallowance so sustained is bad in law and bad on facts. 10. The Id. CIT(A) has erred in sustaining the action of Id. AO in not properly determining income on the basis of the financial statements submitted by treating the same

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

ITA 665/JPR/2023[2009-10]Status: DisposedITAT Jaipur26 Apr 2024AY 2009-10

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No. 665 & 666/JPR/2023 fu/kZkj.ko"kZ@Assessment Years : 2009-10 & 2013-14 Jodhpur Development Authority 1, Opposite Railway Hospital, JDA Circle, Jodhpur. cuke Vs. Deputy Commissioner of Income Tax, Exemption, Jodhpur. LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAALJ 0478 P vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri Amit Kothari (C.A.) jktLo dh vksjls@Revenue by:

For Appellant: Shri Amit Kothari (C.A.)For Respondent: Shri Ajay Malik (CIT)
Section 11Section 143(3)Section 234A

38,91,000/- on account of application of income claimed for Shala Swasthya Karyakrama incurred. The disallowance so sustained is bad in law and bad on facts. 10. The Id. CIT(A) has erred in sustaining the action of Id. AO in not properly determining income on the basis of the financial statements submitted by treating the same

RAJESH AGARWAL,VIDHYADHARA NAGAR JAIPUR vs. INCOME TAX OFFICER WD 4(1), ITO JAIPUR

ITA 22/JPR/2024[2014-15]Status: DisposedITAT Jaipur19 Feb 2024AY 2014-15
For Appellant: Shri C.M. Batwara (Adv.)For Respondent: Smt. Monisha Choudhary (Addl.CIT)
Section 143(2)Section 143(3)Section 249(2)Section 68Section 69C

38\nof 2012, decided on August 28, 2012, is of no help to him.\n7. In view of the above, we do not find any ground to differ with\nthe view taken by the Tribunal in dismissing the appeal on the\nground of delay. Thus, no substantial question of law arises.\nConsequently, the appeal stands dismissed.\n5.3 In view

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

ITA 509/JPR/2025[2021-22]Status: DisposedITAT Jaipur12 Nov 2025AY 2021-22
For Appellant: Sh. Mukesh Soni, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 144CSection 153CSection 153DSection 250

10 SCC 448 – A party misleading\nthe court cannot claim equitable relief (Paper Book Page No. 45 to 50).\n5. Application to Present Case\n• The assessee has not discharged the burden of showing any “sufficient\ncause\" under Section 5 of the Limitation Act.\n• On the contrary, the assessee has attempted to misrepresent the High\nCourt's order

ARAVALI BUILDHOMES LLP,JAIPUR vs. AO CPC, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1154/JPR/2024[2021-22]Status: DisposedITAT Jaipur04 Jun 2025AY 2021-22

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Ashok Kumar Gupta, AdvFor Respondent: Sh. Anoop Singh, Addl. CIT
Section 139Section 139(1)Section 139(4)Section 143(1)Section 234ASection 80Section 80ASection 80I

38) of section 10 or section 10 or section 10B or section 10BA or Chapter VIA exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed

RAJASTHAN MEDICAL RELIEF SOCIETY,ADMINISTRATIVE BLOCK vs. ITO EXEMPTION WARD, CR BUILDING

In the result, the appeal of the assessee is allowed

ITA 740/JPR/2023[2018-2019]Status: DisposedITAT Jaipur01 Apr 2024AY 2018-2019

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Sudhir Sogani (Adv.)For Respondent: Sh. Ajay Malik (CIT)
Section 11Section 12Section 12ASection 12A(1)(b)Section 143(1)Section 154

38,71,393/- to the income of the assessee.” 3. Succinctly, the fact as culled out from the records is that the assessee institution is a Charitable Trust duly registered under section 12A of the IT Act, 1961. This trust is an State Government Controlled working for the aid and assistance of the poor, needy and downtrodden. On receipt

MAYUR GLOBAL PRIVATE LIMITED ,JAIPUR vs. ITO WARD 1(3), JAIPUR , JAIPUR

In the result, the appeal filed by the assessee is allowed

ITA 906/JPR/2024[2015-16]Status: DisposedITAT Jaipur20 Aug 2024AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri S.L. Jain (Adv.) &For Respondent: Smt. Monisha Choudhary (Addl.CIT)
Section 10(34)Section 10(38)Section 14ASection 154Section 234A

section 253(5) of the Act, we hereby condone the delay in filing the present appeal as we are satisfied that there was sufficient cause for not presenting the appeal within the prescribed time and the appeal is hereby admitted for adjudication on merits." 7. The action or inaction by an assessee, on the advice of its counsel, whether correct

PARITRUPTI FOUNDATION,JAIPUR vs. CIT(E) JAIPUR, JAIPUR

ITA 519/JPR/2024[NA]Status: DisposedITAT Jaipur02 Jul 2024

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Gorav Parasar, CAFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 12Section 12ASection 5Section 8Section 80GSection 80G(5)

38-44) (copy enclosed) on 02.09.2023 for permanent registration. 4. The Ld. CIT(E) granted permanent registration in Form No.10AD u/s 12AB(1)(b) vide order dt. 20.02.2024 (PB 1-4) but refused the registration u/s 80G(5) by giving the following reasons: (i) The application in Form No.10AB under clause (iii) of first proviso to sub- section

UNIT IMPROVEMENT TRUST, BHARATPUR,BHARATPUR vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed

ITA 950/JPR/2025[2016-17]Status: DisposedITAT Jaipur15 Oct 2025AY 2016-17

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyal

For Appellant: Mr. Tarun Agarwal, CA, ld. ARFor Respondent: Mr. Rajesh Ojha, CIT, ld. DR
Section 10(20)Section 11(2)Section 250Section 3

condone the delay in filing Form No.10. 4. The Ld CIT(A) as well as Ld DCIT(Exemption) erred in considering that, when Rs. 15,09,81,770/- has been actually set apart under section 11(2) and reported in form 10B, delay in uploading Form 10 cannot lead to disallowances. Urban Improvement Trust Pvt. Ltd. 5. The learned

UNIT IMPROVEMENT TRUST, BHARATPUR,BHARATPUR vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed

ITA 949/JPR/2025[2015-16]Status: DisposedITAT Jaipur15 Oct 2025AY 2015-16

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyal

For Appellant: Mr. Tarun Agarwal, CA, ld. ARFor Respondent: Mr. Rajesh Ojha, CIT, ld. DR
Section 10(20)Section 11(2)Section 250Section 3

condone the delay in filing Form No.10. 4. The Ld CIT(A) as well as Ld DCIT(Exemption) erred in considering that, when Rs. 15,09,81,770/- has been actually set apart under section 11(2) and reported in form 10B, delay in uploading Form 10 cannot lead to disallowances. Urban Improvement Trust Pvt. Ltd. 5. The learned

PREM DEVI BAID,JAIPUR vs. ITO WARD 6(5), JAIPUR, NCRB, STATUE CIRCLE, C-SCHEME

In the result, the appeal of the assessee is allowed

ITA 50/JPR/2024[2014-15]Status: DisposedITAT Jaipur12 Aug 2025AY 2014-15

Bench: Shri Gagan Goyal & Shri Narinder Kumar

For Appellant: Mr. Dheeraj Borad, CA. Ld. ARFor Respondent: Mrs. Anita Rinesh, JCIT, Ld. Sr. DR
Section 10(38)Section 115BSection 14ASection 250Section 57Section 68

delay of 122 days is condoned, and the appeal admitted for adjudication. 4. At the time of hearing, before commencing the submissions of the case, the ld. AR of the assessee submitted that he did not wish to press Ground No. 7 raised in relation to the disallowance under Section 14A of the Act. Accordingly, Ground No. 7 raised

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE, JAIPUR vs. MODERN SCHOOL SOCIETY, KOTA

In the result, this appeal of the revenue stands dismissed

ITA 357/JPR/2019[2013-14]Status: DisposedITAT Jaipur18 Jan 2021AY 2013-14

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1361 & 1362/Jp/2018 Assessment Years: 2011-12 & 2012-13 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 357/Jp/2019 Assessment Year: 2013-14 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Rajiv Sogani (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Separate Orders Of The Ld. Cit(A)-3, Jaipur Dated 04/09/2018 & 12/12/2018 For The A.Y. 2011-12 To 2013-14 Respectively.

For Appellant: Shri Rajiv Sogani (CA)For Respondent: Smt. Rooni Paul (Addl.CIT-DR) fu/kZkfjrh dh vksj ls@
Section 10Section 11Section 13(1)(c)Section 13(1)(d)Section 13(2)(h)Section 13(3)

10(23C) requires the society to invest/deposit the funds in the modes specified under section 11(5) of the Act. However, it is noticed that the society has made advances which is neither as per the objects nor in the modes prescribed u/s 11(5) of the Act. In the Balance Sheet as on 31.03.2013, it is noticed that