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34 results for “condonation of delay”+ Section 226(3)clear

Sorted by relevance

Karnataka175Chennai132Delhi99Mumbai99Hyderabad54Pune52Raipur47Jaipur46Bangalore44Ahmedabad36Kolkata34Indore18Guwahati16Surat16Lucknow14Jodhpur13Cuttack12Visakhapatnam7Nagpur7SC6Panaji6Chandigarh4Telangana4Cochin4Rajkot4Rajasthan3Calcutta2Kerala1A.K. SIKRI ROHINTON FALI NARIMAN1Orissa1Andhra Pradesh1Allahabad1Varanasi1Jabalpur1

Key Topics

Section 143(3)20Addition to Income17TDS16Condonation of Delay15Section 4012Limitation/Time-bar12Section 25011Section 148A10Disallowance

M/S PREMIER IRRIGATION ADRITEC (P) LTD.,KOLKATA vs. ACIT, CIR-11(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 387/KOL/2021[2014-15]Status: DisposedITAT Kolkata20 Jan 2023AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawal

Section 2(24)Section 250Section 3Section 36(1)Section 36(1)(va)Section 43B

condoned. Ground No.1 & 2 – Vide Ground Nos.1 & 2, the assessee has 4. agitated the confirmation of addition of Rs.10,10,774/- made by the Assessing Officer invoking the provisions to section 43B of the Act for delay in depositing employees contribution to provident fund and employees state insurance. 5. Heard both the sides. At the outset, we note that

Showing 1–20 of 34 · Page 1 of 2

10
Section 201(1)9
Deduction9
Section 738

DCIT, CIR-26, KOLKATA, KOLKATA vs. M/S TEWARI WAREHOUSING COMPANY, KOLKATA

In the result, Revenue’s appeal stands allowed partly for statistical

ITA 1316/KOL/2016[2010-2011]Status: DisposedITAT Kolkata16 Mar 2018AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 Dcit, Circle-26 M/S Tewari Warehousing Co. बनाम / Aayakar Bhawan Hide Shed Dump, Old V/S. Dakshin, 2, Gariahat Goragacha Road, Kolkata-88 Road, (South), [Pan No.Aacft 5579 K] Kolkata-68 .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Arindam Bhattacherjee, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Vikash Surana, Advocate ""यथ" क" ओर से/By Respondent 31-01-2018 सुनवाई क" तार"ख/Date Of Hearing 16-03-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Against The Order Of Commissioner Of Income Tax (Appeals)-7, Kolkata Dated 14.03.2016. Assessment Was Framed By Jcit, Range- 53, Kolkata U/S 143(3)/144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.03.2013 For Assessment Year 2010-11. The Grounds Raised By The Revenue Per Its Appeal Are As Under:- “1. That The Ld. Cit(A) Erred In Directing To Assess The Entire Gross Receipts S Business Income & Allow Deductions As Per Section 28 To 43 Of The It Act When Rental Income Of Rs.2,31,00,000/- Was Already Included In The Gross Receipts. 2. That The Ld. Cit(A) Erred In Deleting The Estimation Of Business Profits Of Rs.2,37,72,132/- Made By The Ao Though Rejection Of Assessee’S Books Of Account U/S 145(3) Considering The Facts Of The Case. 3. That The Ld. Cit(A)’S Order Is Contrary To The Law & Fact Of The Case. 4. The Appellant Craves Leaves To, Add To, Alter Or Modify Any One Or All Of The Grounds Of Appeal Mentioned Above.”

Section 143(3)Section 145(3)Section 194Section 27Section 28

condone the delay and admit the appeal of Revenue. 3. The brief description about the assessee-firm is that it is partnership firm and engaged in providing warehousing, go-down, blending and packing services. The assessee is providing such services under the agreements with the big tea companies such as Tata Tea, Hindustan Unilever (HUL), Pataka Tea etc. Such activity

COMANTRA E-SOLUTIONS PVT. LTD.,KOLKATA vs. A.C.I.T.(CPC), TDS, BANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 770/KOL/2022[2013-2014]Status: HeardITAT Kolkata21 Apr 2023AY 2013-2014

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 234ESection 249Section 253Section 3Section 5

226 days. After hearing the rival contentions of both the sides on the admission of appeals for adjudication ,we observe that the delay is caused due to the illness of the Chief Executive Officer of the company who was looking after the tax matters of the assesse company. After perusal of the affidavit filed by Chief Executive Officer Shri Pavitra

COMANTRA E-SOLUTIONS PVT. LTD.,KOLKATA vs. A.C.I.T.(CPC), TDS, BANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 772/KOL/2022[2015-2016]Status: HeardITAT Kolkata21 Apr 2023AY 2015-2016

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 234ESection 249Section 253Section 3Section 5

226 days. After hearing the rival contentions of both the sides on the admission of appeals for adjudication ,we observe that the delay is caused due to the illness of the Chief Executive Officer of the company who was looking after the tax matters of the assesse company. After perusal of the affidavit filed by Chief Executive Officer Shri Pavitra

COMANTRA E-SOLUTIONS PVT. LTD.,KOLKATA vs. A.C.I.T.(CPC), TDS, BANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 771/KOL/2022[2014-2015]Status: HeardITAT Kolkata21 Apr 2023AY 2014-2015

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 234ESection 249Section 253Section 3Section 5

226 days. After hearing the rival contentions of both the sides on the admission of appeals for adjudication ,we observe that the delay is caused due to the illness of the Chief Executive Officer of the company who was looking after the tax matters of the assesse company. After perusal of the affidavit filed by Chief Executive Officer Shri Pavitra

UNION BANK OF INDIA,BURDWAN vs. I.T.O.,WARD-4(2), BURDWAN

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 322/KOL/2020[2014-15]Status: DisposedITAT Kolkata09 Oct 2020AY 2014-15

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm]

Section 194ASection 197A(1)Section 201Section 201(1)

condone the delay and admit the appeals for hearing. 3. Brief facts (for AY 2014-15) of the case are that the AO notes that the assessee is a Government Bank engaged in banking activities and it takes deposits from customer and against such deposit, the customers earn interest on their deposit. The AO notes that a survey operation

UNION BANK OF INDIA,BURDWAN vs. I.T.O.,WARD-4(2), BURDWAN

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 323/KOL/2020[2015-16]Status: DisposedITAT Kolkata09 Oct 2020AY 2015-16

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm]

Section 194ASection 197A(1)Section 201Section 201(1)

condone the delay and admit the appeals for hearing. 3. Brief facts (for AY 2014-15) of the case are that the AO notes that the assessee is a Government Bank engaged in banking activities and it takes deposits from customer and against such deposit, the customers earn interest on their deposit. The AO notes that a survey operation

SMT PRATIMA SARKAR,KOLKATA vs. ITO, WD-2, COOCHBEHAR, COOCHBIHAR

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

ITA 1066/KOL/2015[2009-2010]Status: DisposedITAT Kolkata03 Jun 2016AY 2009-2010

Bench: Shri P.M. Jagtap

Section 143(3)Section 40

226 days on the part of the assessee in filing this appeal before the Tribunal. In this regard, the assessee has filed an application seeking condonation of the said delay and keeping in view the reasons given therein, which are fully supported by a documentary evidence in the form of medical certificate, I am of the view that the delay

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KOLKATA, KOLKATA vs. BANDHAN FINANCIAL SERVICES LIMITED, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1139/KOL/2025[2014-15]Status: DisposedITAT Kolkata11 Nov 2025AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2014-15 Dcit, Circle-1(1), Kolkata..……………… ……………...……….……….……Appellant Vs. Bandhan Financial Services Ltd....………………………….......……...…..…..Respondent Dn 32 Salt Lake, Salt Lake City, Sech Bhawan, S.O Salt Lake, Kol-700091. [Pan: Aabcg0611R] Appearances By: Shri Manas Mondal, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Biswanath Paul, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 15, 2025 Date Of Pronouncing The Order : November 11, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 11.06.2024 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2014–15. 2. The Appeal Has Been Filed By The Revenue With A Delay Of 56 Days. The Revenue Has Filed A Petition For Condonation Of The Delay. After Considering The Reasons Cited In The Petition For Condonation Of Delay, We Find That The Reasons Are Valid & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 139Section 143(2)Section 143(3)Section 250Section 37(1)Section 40A(3)

Section 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2014–15. 2. The appeal has been filed by the revenue with a delay of 56 days. The revenue has filed a petition for condonation of the delay. After considering the reasons cited in the petition for condonation of delay, we find

GARRAH SKUS LIMITED,BANKURA vs. ITO, WARD 3(1),, BANKURA

In the result, the appeal filed by the assessee is partly allowed for statistical purpose

ITA 2361/KOL/2025[2018-2019]Status: DisposedITAT Kolkata28 Jan 2026AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115BSection 144Section 147Section 148Section 148ASection 226(3)Section 250Section 69ASection 69C

226(3) dated 15.10.2025 by hand, the assessee came to know that the appeal could not be filed as the appeal papers were kept in some other file by mistake. It was submitted that the delay had arisen because of the inaction on the part of the counsel of the ITA No.: 2361/KOL/2025 Assessment Year: 2018-19 Garrah SKUS Limited

M/S G. PAUL & SONS,KOLKATA vs. PR. CIT-15, KOLKATA, KOLKATA

Appeal is allowed

ITA 810/KOL/2017[2011-12]Status: DisposedITAT Kolkata15 Nov 2019AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 M/S G. Paul & Sons V/S. Principal Commissioner Of 167, Netaji Subash Road, Income Tax-15, 3, Rajakatra, Government Place, Kolkata-700 007 Kolkata-700 001 [Pan No.Ssvgh 4738 R] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Vigyaneshwar Nath Datta, Advocate अपीलाथ" क" ओर से/By Appellant Dr. P.K. Srihari, Cit-Dr ""यथ" क" ओर से/By Respondent 04-11-2019 सुनवाई क" तार"ख/Date Of Hearing 15 -11-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2011-12 Arises Against The Principal Commissioner Of Income Tax-15 Kolkata’S Order Dated 10.02.2016 Passed In M.No. Pcit-15/Kol/U/S263/15-16/6882-84 Involving Proceedings U/S 263 Of The Income Tax Act, 1961; ‘The Act’. Heard Both The Parties. Case File Perused.

Section 145(3)Section 263Section 40

condone the impugned delay of 375 days delay in filing. 3. We now advert to merits of the main appeal. The assessee admittedly is a partnership firm engaged in re-selling tea business. It is submitted its return on 28.09.2011 disclosing total income of ₹3,78,365/- which stood processed on 23.03.2013 accepting the returned income. The Assessing Officer thereafter

DCIT, C.C.-3(4), KOLKATA vs. M/S TANISHQUE TRADE LINK PVT. LTD, HOWRAH

In the result, appeal of the revenue is dismissed

ITA 17/KOL/2021[2008-09]Status: DisposedITAT Kolkata16 Mar 2023AY 2008-09

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 17/Kol/2021 Assessment Year: 2008-09 Deputy Commissioner Of Income Tanishque Tradelink Pvt. Ltd. Tax, Central Circle-3(4), Kolkata Vs Bhabatarini Apartment G.T. Road, Room No. 602 Howrah - 711201 [Pan : Aacct7512R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, Fca Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 18/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata (Hereinafter The “Ld. Cit(A)”) Dated 24/09/2020, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Year 2008-09. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Allowing The Bogus Share Capital Raised In The Books Of The Assessee Without Appreciating The Fact That The Assessee Failed To Discharge Its Primary Onus To Prove & Establish The Identity & Creditworthiness Of The Investor Companies & Genuineness Of The Transaction. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Ignoring That The Identity & Creditworthiness Of The Shareholders & Even The Genuineness Of The Transactions Remained Unexplained. 3. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Not Invoking His Powers U/S. 250(4) Of The I.T. Act, 1961 In Directing The Assessing Officer To Make Further Enquiry & Report The Results Of The

For Appellant: Shri A.K. Tibrewal, FCAFor Respondent: Shri Biswanath Das, CIT D/R
Section 133(6)Section 143(3)Section 147Section 148Section 14ASection 250Section 250(4)Section 263Section 68

226 (Karnataka) Assessment year 1996-97 - Whether where assessee-company received certain amount from shareholders and, in support of said transactions assessee gave addresses of shareholders and their identity was not in dispute, in such a situation it was not for assessee-company to establish but it was for department to enquire with investors about their capacity to invest amount

ITO, WARD - 6(1), KOLKATA, KOLKATA vs. M/S. CFL CAPITAL FINANCIAL SERVICES LTD., KOLKATA

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

ITA 1009/KOL/2011[2004-05]Status: DisposedITAT Kolkata17 Nov 2017AY 2004-05
Section 143(3)Section 28Section 73

Delay condoned. 3. The assessee is a Non-banking Finance Company engaged in the business of leasing. It filed its return of income on 01.11.2004 declaring a total income of Rs. 4,28,99,760/-. The Assessing Officer completed the assessment under section 143(3) on 22.12.2006 determining the total income at Rs. 4,35,48,572/-, inter alia, making

CFL CAPITAL FINANCIAL SERVICES LTD.,KOLKATA vs. DCIT, CIRCLE - 6, KOLKATA, KOLKATA

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

ITA 862/KOL/2011[2004-05]Status: DisposedITAT Kolkata17 Nov 2017AY 2004-05
Section 143(3)Section 28Section 73

Delay condoned. 3. The assessee is a Non-banking Finance Company engaged in the business of leasing. It filed its return of income on 01.11.2004 declaring a total income of Rs. 4,28,99,760/-. The Assessing Officer completed the assessment under section 143(3) on 22.12.2006 determining the total income at Rs. 4,35,48,572/-, inter alia, making

DCIT, CIR-4(1), KOLKATA, KOLKATA vs. M/S GOODRICKE GROUP LTD, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 971/KOL/2015[2007-2008]Status: DisposedITAT Kolkata04 Aug 2017AY 2007-2008

Bench: Hon’Ble Shri N.V. Vasudevan, Jm & Shri M.Balaganesh, Am ] I.T.A No. 971/Kol/2015 Assessment Year : 2007-08 Dcit, Circle-4(1), Kolkata -Vs- M/S Goodricke Group Ltd., Kolkata [Pan: Aabcg1614Q] (Appellant) (Respondent)

For Appellant: Shri Sallong Yadav, Addl. CIT DRFor Respondent: Shri P.N. Rajendram, FCA
Section 143(3)

section 143(3) of the Income Tax Act, 1961 (in short “the Act”) dated 31.12.2009 for the Assessment Year 2007-08. 2. At the outset, we find that there is a delay of 10 days in filing the appeal before us by the revenue, for which an affidavit had been filed by the revenue duly explaining the reasons

RAHEE STEEL TECH PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 1, KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

ITA 1418/KOL/2024[2023-2024]Status: DisposedITAT Kolkata12 Sept 2025AY 2023-2024

Bench: The Assessing Officer On 10.1.2024, Therefore, The Action Of Ao (Cpc) Is Not Correct & Cannot Be Sustained & So Also The Order Of The Ld Cit(A). The Above View Finds Support From The Decision Of Hon’Ble Gujarat High Court In The Case Of Royal Led Equipment (P) Ltd Vs Ccit (2025) 174 Taxmann.Com 61 (Gujarat), Wherein, The Hon’Ble High Court Has Held As Under:

Section 10BSection 11Section 115BSection 119(2)(b)Section 139(1)Section 143(1)

condoning the delay in filing such Form by moulding the prayer made by the petitioner to treat the Form 10IC filed by the petitioner for Assessment Year 2021-2022 to be treated as that of for Assessment Year 2021. The provisions of Section 119(2)(b) of the Act are meant for redressal of the grievance and hardships caused

A.C.I.T(TDS) CIR - 57,KOL, KOLKATA vs. M/S HERITAGE HEALTH TPA (P) LTD., KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 1761/KOL/2012[2008-2009]Status: DisposedITAT Kolkata09 Dec 2016AY 2008-2009

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

delay in these cases deserves to be condoned and proceeded to hear the appeals. 3. All the appeals are heard together and are being disposed of by way of consolidated order. 4. The Assessee is a Third Party Administrator (TPA). An insurance company appoints TPA to settle claims and pay to policy holders. The TPA acts as an agent performing

M/S HERITAGE HEALTH TPA PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 57, KOLKATA, KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 1140/KOL/2016[10-Sep]Status: DisposedITAT Kolkata09 Dec 2016

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

delay in these cases deserves to be condoned and proceeded to hear the appeals. 3. All the appeals are heard together and are being disposed of by way of consolidated order. 4. The Assessee is a Third Party Administrator (TPA). An insurance company appoints TPA to settle claims and pay to policy holders. The TPA acts as an agent performing

HERIGAGE HEALTH TPA(P)LTD,KOLKATA vs. DCIT(TDS), CIRCLE -57, KOLKATA, KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 1156/KOL/2012[2007-08]Status: DisposedITAT Kolkata09 Dec 2016AY 2007-08

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

delay in these cases deserves to be condoned and proceeded to hear the appeals. 3. All the appeals are heard together and are being disposed of by way of consolidated order. 4. The Assessee is a Third Party Administrator (TPA). An insurance company appoints TPA to settle claims and pay to policy holders. The TPA acts as an agent performing

M/S HERITAGE HEALTH TPA PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 57, KOLKATA, KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 1139/KOL/2016[09-Aug]Status: DisposedITAT Kolkata09 Dec 2016

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

delay in these cases deserves to be condoned and proceeded to hear the appeals. 3. All the appeals are heard together and are being disposed of by way of consolidated order. 4. The Assessee is a Third Party Administrator (TPA). An insurance company appoints TPA to settle claims and pay to policy holders. The TPA acts as an agent performing