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17 results for “condonation of delay”+ Section 144C(13)clear

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Delhi71Mumbai29Hyderabad19Kolkata17Chennai15Jaipur10Bangalore8Pune5Ahmedabad4Indore3Visakhapatnam2Chandigarh2Dehradun2Rajkot2Cochin1Raipur1Agra1SC1Nagpur1

Key Topics

Section 143(3)20Section 15316Section 80H15Limitation/Time-bar13Section 36(1)(va)10Section 14A9Transfer Pricing9Section 115J8Addition to Income

ZYDUS HEALTHCARE LTD,GANGTOK vs. ACIT, CIR. 3(2), GANGTOK

In the result, the appeal of the assessee is allowed

ITA 139/KOL/2021[2014-15]Status: DisposedITAT Kolkata20 Feb 2023AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 139/Kol/2021 Assessment Year: 2014-2015 Zydus Healhcare Limited,……..................Appellant (Successor To Zydus Healthcare Sikkim), 4Th Floor, ‘D’ Wing, Zudus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gandhinagar, Gujrat-382481 [Pan: Aaacg1895Q] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-3(2), Gangtok, Sikkim-737101 Appearances By: Shri Ajit Kumar Jain, Ca & Sonal Pandey, A.R., Appeared On Behalf Of The Assessee Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 18, 2023 Date Of Pronouncing The Order : February 20, 2023 O R D E R

Section 143(3)Section 144CSection 153Section 156Section 271Section 271(1)(c)Section 274

13. The next decision relied upon by the ITAT is Anil Kumar Nehru and Another –vs.- ACIT (2017) 98 CCH 0469 (Bom. HC). In this case, Hon’ble Bombay High Court did not condone the delay of 1662 days but Hon’ble Supreme Court has reversed the decision of the Hon’ble Bombay High Court and condoned the delay

8
Section 144C7
Disallowance7
Deduction7

ACIT, CIRCLE-7(1), KOLKATA, AAYAKAR BHAWAN vs. ITC LIMITED, KOLKATA

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

ITA 744/KOL/2024[1993-1994]Status: DisposedITAT Kolkata19 May 2025AY 1993-1994

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri J.P. Khaitan &For Respondent: Shri Subhendu Datta, DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended

ACIT, CIRCLE-7.1, KOLKATA, AAYAKAR BHAWAN vs. ITC LIMITED, KOLKATA

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

ITA 745/KOL/2024[1992-1993]Status: DisposedITAT Kolkata19 May 2025AY 1992-1993

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri J.P. Khaitan &For Respondent: Shri Subhendu Datta, DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended

ITC LIMITED, KOLKATA. ,KOLKATA vs. DCIT,CIR-7(1),KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

ITA 1318/KOL/2023[1993-94]Status: DisposedITAT Kolkata19 May 2025AY 1993-94

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri J.P. Khaitan &For Respondent: Shri Subhendu Datta, DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended

ACIT, CIRCLE-7(1), KOLKATA, KOLKATA vs. HI TECH SYSTEMS AND SERVICES LIMITED, KOLKATA

In the result, both the appeals of the assessee are allowed and both the appeals of the revenue are dismissed

ITA 1318/KOL/2024[2022-2023]Status: DisposedITAT Kolkata06 Jan 2025AY 2022-2023

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri J.P. Khaitan &For Respondent: Shri Subhendu Datta, DR
Section 143(3)Section 147Section 148Section 148(2)Section 151Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No. 74/2021 is also not applicable to the case at hand. 19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well, still, the extension vide Notification No. 74/2021 is applicable only to cases where the time-limit has already been extended

ITC LIMITED,KOLKATA vs. DCIT, CIR-7(1), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed and both\nthe appeals of the revenue are dismissed

ITA 1343/KOL/2023[1992-93]Status: DisposedITAT Kolkata19 May 2025AY 1992-93
Section 143(3)Section 147Section 148Section 148(2)Section 153Section 80H

section 144C(13) of the Act. In our view, therefore, Notification No.\n74/2021 is also not applicable to the case at hand.\n19. Even if we hold that the Relaxation Act was applicable to petitioner's case as well,\nstill, the extension vide Notification No. 74/2021 is applicable only to cases where the\ntime-limit has already been extended

LINDE INDIA LTD,KOLKATA vs. DCIT, KOLKATA

In the result appeal of the assessee is allowed

ITA 319/KOL/2023[2017-18]Status: DisposedITAT Kolkata08 Sept 2023AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2017-18 Linde India Ltd. Deputy Commissioner Of (Formerly Boc India Limited) Income Tax, Circle-11(1), “Oxygen House”, P-43, Vs. Kolkata. Taratala Road, Kolkata-700 088, West Bengal. (Pan: Aaacb2528H) (Appellant) (Respondent)

For Appellant: Shri Ketan Ved, CA and Shri Alpesh Gupta, CAFor Respondent: Shri Kallol Mistry, JCIT, Sr. DR
Section 143(3)Section 144CSection 156

condonation of delay placed on record, we note that assessee has claimed that the impugned order was neither received by the assessee on its registered e-mail ID nor by post. Further, it was also not uploaded in the Income tax E-Portal until 15.03.2023. However, in the Income Tax Portal the date of upload of DIN letter is mentioned

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. BATA INDIA LTD., KOLKATA

Appeal is partly allowed and the CO is dismissed

ITA 1844/KOL/2017[2009-10]Status: DisposedITAT Kolkata23 Jul 2025AY 2009-10

Bench: the Hon'ble Income Tax Appellate Tribunal, Kolkata in ITA No. 1844/Kol/2017 for the assessment year 2009-10;

Section 143(3)Section 250Section 43B

144C(3) of the Act, by the deputy Commissioner of income Tax, Circle 2(1), Kolkata. 4. That, I.T. Dept has preferred an appeal before the Hon'ble Income Tax Appellate Tribunal, Kolkata in ITA No. 1844/Kol/2017 for the assessment year 2009-10; 5. The said appeal has been preferred by the 1.1. Dept, against an order dated 23 February

MCLEOD RUSSEL INDIA LTD.,,KOLKATA vs. DCIT, CIRCLE 4(1),, KOLKATA

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

ITA 384/KOL/2025[2020-21]Status: DisposedITAT Kolkata25 Aug 2025AY 2020-21

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 143(1)Section 144C(1)Section 14A

delay is hereby condoned. 2 I.T.A. No. 384/Kol/2025 Assessment Year: 2020-21 Mcleod Russel India Ltd. 3. Brief facts of the case of the assessee are that the assessee company is engaged in the cultivation, processing, and sale of tea. The assessee filed its return of income for AY 2020-21 on 13.02.2021 declaring a total loss

AVINASH KUMAR,JAMSHEDPUR, JHARKHAND vs. A.C.I.T., CIRCLE - 2(1), KOLKATA, KOLKATA

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

ITA 1629/KOL/2024[2018-2019]Status: DisposedITAT Kolkata31 Jan 2024AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Acit, Circle 2(1) Avinash Kumar Aaykar Bhavan, P-7, Flat No.D/5, B Block, Shiv Kumar Asthali, Phase Ii, Nh-33 Road, Chowringhee Square, 7 Th Vs. Mango, Jamshedpur, Floor, Kolkata-700069 Jharkhand-831012 West Bengal (Appellant) (Respondent) Pan No. Bifpk4983A Assessee By : Shri Manoj Soni, Ar Revenue By : Shri Gaurav Kanaujia, Dr Date Of Hearing: 16.01.2025 Date Of Pronouncement : 31.01.2025

For Appellant: Shri Manoj Soni, ARFor Respondent: Shri Gaurav Kanaujia, DR
Section 144C(1)Section 144C(13)Section 147Section 55Section 56(2)(x)

condone the delay in filing the appeal of the assessee. 03. The only issue raised by the assessee is against the order of ld. Dispute Resolution Panel, confirming the order of the ld. AO, wherein the addition of ₹12,52,900/- was made u/s 56(2)(x) of the Act. 04. The facts in brief are that the draft order

ALMATIS ALUMINA PVT. LTD.,KOLKATA vs. INCOME TAX OFFICER ,NATIONAL E-ASSESSMENT CENTRE , DELHI

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

ITA 242/KOL/2021[2016-17]Status: DisposedITAT Kolkata17 May 2023AY 2016-17

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Years: 2016-17 Almatis Alumina Private Additional/Joint/Deputy/Assistant Limited Commissioner Of Income-Tax/ Vs. Kankaria Estate, 2Nd Floor Income-Tax Officer, National E- 6, Russel Street Assessment Centre, Delhi Kolkata - 700071 [Pan: Aacca2120N] (Appellant) (Respondent) Assessee By : Shri Akhilesh Kumar Gupta, Advocate Revenue By : Shri G. Hukuga Sema, Cit, D/R सुनवाई की तारीख/Date Of Hearing : 27/04/2023 घोषणा की तारीख/Date Of Pronouncement : 17/05/2023 O R D E R Per Girish Agrawal: The Captioned Appeal Filed By The Assessee Pertaining To Assessment Year 2016-17 Is Directed Against The Order U/S 144C(13) R.W.S. 143(3) Of The Income-Tax Act, 1961 (In Short The “Act”) By Additional/Joint/Deputy/Asstt. Cit, National E-Assessment Centre, (Hereinafter Referred To As “Ld. Ao”) Dt. 24/03/2021, Pursuant To Directions By The Ld. Dispute Resolution (Drp) U/S 144C(5), Dt. 10/11/2020. 2. We Note That There Is A Delay Of 73 (Seventy Three) Days In Filing The Present Appeal Before The Tribunal. The Impugned Order Is Dated 24/03/2021, Which Falls Within The Period Of Pandemic Of Covid-19. Petition For Condonation Of Delay Is Placed On Record By Assessee Explaining The Reasons For Delay, Owing To Pandemic Of Covid-19 During That Time. It Is Noted That The Period Of Delay Falls During The Time Of 2 Assessment Years: 2016-17 Almatis Alumina Private Limited

For Appellant: Shri Akhilesh Kumar Gupta, AdvocateFor Respondent: Shri G. Hukuga Sema, CIT, D/R
Section 143(3)Section 144C(13)Section 144C(5)Section 92

13) r.w.s. 143(3) of the Income-tax Act, 1961 (in short the “Act”) by Additional/Joint/Deputy/Asstt. CIT, National e-Assessment Centre, (hereinafter referred to as “ld. AO”) dt. 24/03/2021, pursuant to directions by the ld. Dispute Resolution (DRP) u/s 144C(5), dt. 10/11/2020. 2. We note that there is a delay of 73 (seventy three) days in filing the present

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

ITA 1248/KOL/2019[2014-15]Status: DisposedITAT Kolkata12 Jan 2026AY 2014-15
Section 115JSection 14ASection 250Section 92C

13 of the appeal for\nΑ.Υ. 2012-13.\n19.1 This issue has been decided in ITA No. 1246/KOL/2019 for AY\n2012-13 in the preceding para no. 13.1 of the order. In view of the\nfinding for AY 2012-13, Ground Nos. 4, 5 and 6 of the appeal are\ndismissed.\n20. Ground No. 7 relates

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

ITA 2037/KOL/2019[2015-16]Status: DisposedITAT Kolkata12 Jan 2026AY 2015-16
Section 115JSection 14ASection 250Section 92C

section 115JB of the Act to ₹4,19,505/-.\n18.1 This issue has been decided in ITA No. 1246/KOL/2019 for AY\n2012-13 in the preceding para no. 11.5 of the order. In view of the\nfinding for AY 2012-13, Ground No. 3 of the appeal is allowed.\n19. Ground Nos. 4, 5 and 6 relate

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

In the result, the appeal filed by the Revenue in ITA No

ITA 1246/KOL/2019[2012-13]Status: DisposedITAT Kolkata12 Jan 2026AY 2012-13
Section 115JSection 14ASection 250Section 92C

section 115JB of the Act to ₹4,19,505/-.\n18.1 This issue has been decided in ITA No. 1246/KOL/2019 for AY\n2012-13 in the preceding para no. 11.5 of the order. In view of the\nfinding for AY 2012-13, Ground No. 3 of the appeal is allowed.\n19. Ground Nos. 4, 5 and 6 relate

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

In the result, the appeal filed by the Revenue in ITA No

ITA 1247/KOL/2019[2013-14]Status: DisposedITAT Kolkata12 Jan 2026AY 2013-14
Section 115JSection 14ASection 250Section 92C

section 115JB of the Act to ₹4,19,505/-.\n18.1 This issue has been decided in ITA No. 1246/KOL/2019 for AY\n2012-13 in the preceding para no. 11.5 of the order. In view of the\nfinding for AY 2012-13, Ground No. 3 of the appeal is allowed.\n19. Ground Nos. 4, 5 and 6 relate

DCIT, CIR. 5(1), KOLKATA vs. KARAM CHAND THAPAR & BROS COAL SALES LTD., KOLKATA

In the result, appeal of the Revenue for AY 2015-16 is partly allowed and appeal for AY 2016-17 is dismissed

ITA 321/KOL/2021[2016-17]Status: DisposedITAT Kolkata28 Feb 2023AY 2016-17

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. Nos. 320 & 321/Kol/2021 Assessment Years: 2015-16 & 2016-17 Deputy Commissioner Of Income Tax,........Appellant Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 -Vs.- Karam Chand Thapar & Bros. Coal Sales Limited,........................Respondent 25, Brabourne Road, Kolkata-700001 [Pan;Aabck1281H] Appearances By: Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Shri N.S. Saini, A.R., Appeared On Behalf Of The Assessee Date Of Concluding The Hearing : January 02, 2023 Date Of Pronouncing The Order : February 28, 2023 O R D E R

Section 139(1)Section 143(3)Section 36(1)Section 36(1)(va)Section 43B

144C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 31.12.2018 for AY ITA Nos. 320 & 321/KOL/2021 AYs 2015-16 & 2016-17 Karam Chand Thapar & Bros. Coal Sales Ltd 2015-16 and by ACIT-5(1), Kolkata dated 28.11.2019 for AY 2016-17. 2. At the outset, we take note that there is a delay

DCIT, CIR. 5(1), KOLKATA vs. KARAM CHAND THAPAR & BROS COAL SALES LTD., KOLKATA

In the result, appeal of the Revenue for AY 2015-16 is partly allowed and appeal for AY 2016-17 is dismissed

ITA 320/KOL/2021[2015-16]Status: DisposedITAT Kolkata28 Feb 2023AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. Nos. 320 & 321/Kol/2021 Assessment Years: 2015-16 & 2016-17 Deputy Commissioner Of Income Tax,........Appellant Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 -Vs.- Karam Chand Thapar & Bros. Coal Sales Limited,........................Respondent 25, Brabourne Road, Kolkata-700001 [Pan;Aabck1281H] Appearances By: Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Shri N.S. Saini, A.R., Appeared On Behalf Of The Assessee Date Of Concluding The Hearing : January 02, 2023 Date Of Pronouncing The Order : February 28, 2023 O R D E R

Section 139(1)Section 143(3)Section 36(1)Section 36(1)(va)Section 43B

144C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 31.12.2018 for AY ITA Nos. 320 & 321/KOL/2021 AYs 2015-16 & 2016-17 Karam Chand Thapar & Bros. Coal Sales Ltd 2015-16 and by ACIT-5(1), Kolkata dated 28.11.2019 for AY 2016-17. 2. At the outset, we take note that there is a delay