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41 results for “condonation of delay”+ Section 246(1)clear

Sorted by relevance

Karnataka127Mumbai72Delhi67Kolkata41Chennai31Pune29Bangalore27Jaipur21Hyderabad17Nagpur14Lucknow12Indore10Ahmedabad8Surat8Telangana7Cuttack7Ranchi7Chandigarh6Visakhapatnam5SC3Orissa3Patna3Jabalpur2Cochin2Amritsar2Jodhpur2Rajasthan1Raipur1Andhra Pradesh1Guwahati1Rajkot1

Key Topics

Section 14738Section 143(3)32Addition to Income28Section 25025Section 143(1)25Limitation/Time-bar25Section 14823Condonation of Delay19Section 271(1)(c)

M/S B.N. DUTTA,JAMSHEDPUR vs. DCIT, CIR. 2, DURGAPUR

The appeal of the assessee is allowed for statistical purposes

ITA 705/KOL/2024[2011-12]Status: DisposedITAT Kolkata17 Dec 2025AY 2011-12

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.705/Kol/2024 Assessment Year: 2011-12 M/S B. N. Dutta ….…………………………………………………..………….……Appellant Head Office: 518, G Road, Sonari West Layout, Jamshedpur, Jharkhand – 831011. [Pan: Aadfb0648J] Vs. Dcit, Circle-2, Durgapur……..……....….….. ……………….........……...…..…..Respondent Appearances By: Shri D. Khasnobis, Ca & None Appeared On Behalf Of The Appellant. Shri H. Robindro Singh, Addl. Cit - Dr & None Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 05, 2025 & December 17, 2025 Date Of Pronouncing The Order : December 17, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 13.02.2024 Of The Commissioner Of Income Tax (Appeals), Indore [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is Partnership Firm & Engaged In The Business Of Civil Construction & Maintenance Of Civil Structures Inside Stell Plants. For The Assessment Year 2011-12, The Assessee Filed Its Return On 30.09.2011 By Declaring Total Income Of Rs.36,58,080/- & Total Tax & Cess Liability Of Rs.11,30,347/- Was Discharged In Full Resulting In A Refund Of Rs.12,520/-. The Return Of The Assessee Was Processed By The Cpc U/S 143(1) Of The Act On 27.01.2012. The Assessee Did Not Receive Any Information From The Cpc Either Directly By Way Of Service Of Physical Copy Of The Same Or From The Then Authorised Representative Namely Mr. S. N. Gupta. Due To Non-Receipt Of

Section 143(1)Section 249(3)Section 250

Showing 1–20 of 41 · Page 1 of 3

13
Section 6812
Section 14A12
Deduction11

1) of section 246-A.] [ Inserted by Act 27 of 1999, Section 84 (w.e.f. 1.6.1999).] 12. In our opinion, in the interest of justice and fair play and having regards to the principal of natural justice, the appeals of the assessee I.T.A. No.705/Kol/2024 Assessment Year: 2011-12 M/s B. N. Dutta need to be restored to the file

M/S. ELCON ESTATE PVT. LTD.,KOLKATA vs. I.T.O., WARD - 13(1), KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical\npurposes

ITA 2277/KOL/2024[2022-2023]Status: DisposedITAT Kolkata22 Apr 2025AY 2022-2023
Section 115BSection 143(1)Section 143(1)(a)Section 143(1)(b)Section 246

246 of\nthe Act as per the e-Appeals Scheme, 2023, notified by the Central Board\nof Direct taxes. After considering the submissions made by the assessee,\nthe ld. CIT(A) dismissed the appeal in the following manner:\nI.T.A. No.2277/Kol/2024\n Assessment Year: 2022-23\nM/s Elcon Estate Pvt. Ltd\n\"6. Decision:\n7.1 The statement of facts, grounds

MONISH RANJAN DASGUPTA,KOLKATA vs. ITO, WARD - 61(3), KOLKATA

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

ITA 2447/KOL/2024[2016-17]Status: DisposedITAT Kolkata07 May 2025AY 2016-17

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 148Section 250Section 271(1)Section 271(1)(c)Section 80

condone the delay and admit the appeal for adjudication on merits. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. For that in the facts and circumstances of the case and in law, the direction of CIT(A)-NFAC to restrict the levy of penalty to 100% of tax sought to be evaded

SOURENDRA NATH PAL,KOLKATA vs. ITO, WD-25(3), KOLKATA, KOLKATA

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

ITA 923/KOL/2015[2008-2009]Status: DisposedITAT Kolkata28 Sept 2016AY 2008-2009

Bench: Shri P.M. Jagtap

Section 143(1)Section 143(1)(a)

condone the said delay and proceed to dispose of these appeals filed by the assessee on merit. 3. The assessee in the present case is an individual, who filed his returns of income for both the years under consideration on 22.09.2008 and 31.07.2009 declaring total income of Rs.10,83,110/- and Rs.17,33,910/- for assessment years

ITO, WARD-29(3), KOLKATA, KOLKATA vs. M/S. AUTO CARE, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1484/KOL/2016[2008-09]Status: DisposedITAT Kolkata23 May 2018AY 2008-09

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1484/Kol/2016 Assessment Year : 2008-09 Ito, Ward-29(3), Kolkata -Vs- M/S Auto Care Centre [Pan: Aahfa 8997 R] (Appellant) (Respondent)

For Appellant: Shri Saurabh Kumar, Addl. CIT Sr. DRFor Respondent: Shri Miraj D Shah, AR
Section 143(1)Section 143(3)Section 147Section 148Section 269TSection 271DSection 271E

condone the delay and admit the appeal of the revenue for adjudication. 2 M/s Auto Care Centre A.Yr.2008-09 3. The only issue to be decided in this appeal is as to whether the ld CITA was justified in deleting the penalty levied u/s 271E of the Act in the facts and circumstances of the case. 4. The brief

TATA METALIKS LIMITED,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

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

ITA 788/KOL/2018[2012-13]Status: DisposedITAT Kolkata04 Oct 2019AY 2012-13
For Appellant: Shri Ashish Agarwal &For Respondent: Shri Radhey Shyam, CIT
Section 115JSection 43B

1 to sec.115JB specifically provides that the amount of income to which any of the provisions of section 10 (other than the provisions contained in clause (38) thereof) is to be reduced from the Net profit, if they are credited to the Profit and Loss account. The logic of these provisions, in our view, is that an item of receipt

DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA vs. M/S. TATA METALIKS LIMITED, KOLKATA

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

ITA 1143/KOL/2018[2012-13]Status: DisposedITAT Kolkata04 Oct 2019AY 2012-13
For Appellant: Shri Ashish Agarwal &For Respondent: Shri Radhey Shyam, CIT
Section 115JSection 43B

1 to sec.115JB specifically provides that the amount of income to which any of the provisions of section 10 (other than the provisions contained in clause (38) thereof) is to be reduced from the Net profit, if they are credited to the Profit and Loss account. The logic of these provisions, in our view, is that an item of receipt

BHARAT TIRTHA RICE MILL,BURDWAN EAST vs. PCIT, ASANSOL, ASANSOL

In the result, the appeal of the assessee is allowed

ITA 373/KOL/2022[2017-2018]Status: DisposedITAT Kolkata10 Oct 2022AY 2017-2018

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 249Section 253Section 263Section 3Section 5

1. Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after

TWOPIRADIAN INFOTECH PRIVATE LIMITED,KOLKATA vs. ITO WARD 2(1)-KOL, KOLKATA

Appeals are allowed for statistical purposes

ITA 246/KOL/2025[2021-22]Status: DisposedITAT Kolkata04 Aug 2025AY 2021-22

Bench: the Joint Commissioner (Appeals) or the Commissioner of Income Tax (Appeals) under Section 246A of the Income Tax Act, 1961, on 13/02/2024, though belatedly, vide e-Filing Acknowledgement Number: 110773970130224 for the Assessment Year 2021-22 belatedly on the grounds explained WAR the Statement of Facts and Grounds of Appeal.

Section 245Section 246ASection 250Section 253

Section 36(1)(va) of the Act and consequent additional tax burden thereon causes undue hardship to the Assessee and penalising multiple times under different laws for the same offence. 7. The Assessee was suffering from huge cash crunch during the relevant period and hence defaulted in depositing the statutory contributions within due dates but paid the contributions before filing

TWOPIRADIAN INFOTECH PRIVATE LIMITED,KOLKATA vs. ITO WARD 2(1)-KOL, KOLKATA

Appeals are allowed for statistical purposes

ITA 247/KOL/2025[2022-23]Status: DisposedITAT Kolkata04 Aug 2025AY 2022-23

Bench: the Joint Commissioner (Appeals) or the Commissioner of Income Tax (Appeals) under Section 246A of the Income Tax Act, 1961, on 13/02/2024, though belatedly, vide e-Filing Acknowledgement Number: 110773970130224 for the Assessment Year 2021-22 belatedly on the grounds explained WARI the Statement of Facts and Grounds of Appeal.

Section 245Section 246ASection 250Section 253

Section 36(1)(va) of the Act and consequent additional tax burden thereon causes undue hardship to the Assessee and penalising multiple times under different laws for the same offence. 7. The Assessee was suffering from huge cash crunch during the relevant period and hence defaulted in depositing the statutory contributions within due dates but paid the contributions before filing

TWOPIRADIAN INFOTECH PRIVATE LIMITED,KOLKATA vs. ITO WARD 2(1), KOLKATA, KOLKATA

Appeals are allowed for statistical purposes

ITA 245/KOL/2025[2020-21]Status: DisposedITAT Kolkata04 Aug 2025AY 2020-21

Bench: the Joint Commissioner (Appeals) or the Commissioner of Income Tax (Appeals) under Section 246A of the Income Tax Act, 1961, on 13/02/2024, though belatedly, vide e-Filing Acknowledgement Number: 110773970130224 for the Assessment Year 2021-22 belatedly on the grounds explained WARI the Statement of Facts and Grounds of Appeal.

Section 245Section 246ASection 250Section 253

Section 36(1)(va) of the Act and consequent additional tax burden thereon causes undue hardship to the Assessee and penalising multiple times under different laws for the same offence. 7. The Assessee was suffering from huge cash crunch during the relevant period and hence defaulted in depositing the statutory contributions within due dates but paid the contributions before filing

PRESTAR INFRASTRUCTURE PROJECTS LTD,KOLKATA vs. DCIT 5(1),KOLKATA, KOLKATA

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

ITA 802/KOL/2025[2016-17]Status: DisposedITAT Kolkata25 Jun 2025AY 2016-17

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 147Section 250Section 253Section 253(3)Section 5

condonation application and dismissing the appeal on the grounds of delay in filing, without considering the genuine and unavoidable reasons cited by the appellant, that the delay was not intentional, and that the appellant had sufficient cause for not filing the appeal within the prescribed time limit. 3. Because on the basis of the facts and circumstances of the case

DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S RECKITT BENCKISER (I) LTD., KOLKATA

In the result, Appeals of the assessee are partly allowed for statistical purposes whereas Appeals of the revenue are dismissed to the extent indicated above

ITA 518/KOL/2016[2011-2012]Status: DisposedITAT Kolkata17 Jun 2020AY 2011-2012

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.404/Kol/2015 आयकरअपीलसं./Ita No.625/Kol/2016 ("नधा"रणवष" / Assessment Year: 2010-11 To 2011-12)

For Appellant: Shri Deepak Chopra, Advocate & Shri Rohan Khare, AdvocateFor Respondent: Dr. P. K Srihari, CIT(DR)

condone the delay and admit the appeal of the revenue for hearing on merits. 3. Since the issues involved in all the appeals are common and identical, therefore these appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, the grounds as well as facts narrated in ITA No. 625/Kol/2016

RECKITT DENCKISER (INDIA) LTD.,KOLKATA vs. DCIT, CIR-12(1), KOLKATA, KOLKATA

In the result, Appeals of the assessee are partly allowed for statistical purposes whereas Appeals of the revenue are dismissed to the extent indicated above

ITA 404/KOL/2015[2010-2011]Status: DisposedITAT Kolkata17 Jun 2020AY 2010-2011

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.404/Kol/2015 आयकरअपीलसं./Ita No.625/Kol/2016 ("नधा"रणवष" / Assessment Year: 2010-11 To 2011-12)

For Appellant: Shri Deepak Chopra, Advocate & Shri Rohan Khare, AdvocateFor Respondent: Dr. P. K Srihari, CIT(DR)

condone the delay and admit the appeal of the revenue for hearing on merits. 3. Since the issues involved in all the appeals are common and identical, therefore these appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, the grounds as well as facts narrated in ITA No. 625/Kol/2016

M/S RECKITT BENCKISER (I) PVT. LTD.,KOLKATA vs. DCIT, CIR-12(1), KOLKATA, KOLKATA

In the result, Appeals of the assessee are partly allowed for statistical purposes whereas Appeals of the revenue are dismissed to the extent indicated above

ITA 625/KOL/2016[2011-2012]Status: DisposedITAT Kolkata17 Jun 2020AY 2011-2012

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.404/Kol/2015 आयकरअपीलसं./Ita No.625/Kol/2016 ("नधा"रणवष" / Assessment Year: 2010-11 To 2011-12)

For Appellant: Shri Deepak Chopra, Advocate & Shri Rohan Khare, AdvocateFor Respondent: Dr. P. K Srihari, CIT(DR)

condone the delay and admit the appeal of the revenue for hearing on merits. 3. Since the issues involved in all the appeals are common and identical, therefore these appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, the grounds as well as facts narrated in ITA No. 625/Kol/2016

DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S RECKITT BENCKISER (INDIA) LTD., KOLKATA

In the result, Appeals of the assessee are partly allowed for statistical purposes whereas Appeals of the revenue are dismissed to the extent indicated above

ITA 529/KOL/2015[2010-2011]Status: DisposedITAT Kolkata17 Jun 2020AY 2010-2011

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.404/Kol/2015 आयकरअपीलसं./Ita No.625/Kol/2016 ("नधा"रणवष" / Assessment Year: 2010-11 To 2011-12)

For Appellant: Shri Deepak Chopra, Advocate & Shri Rohan Khare, AdvocateFor Respondent: Dr. P. K Srihari, CIT(DR)

condone the delay and admit the appeal of the revenue for hearing on merits. 3. Since the issues involved in all the appeals are common and identical, therefore these appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, the grounds as well as facts narrated in ITA No. 625/Kol/2016

A.C.I.T.,CIRCLE-2(1), KOLKATA vs. M/S INDIA POWER CORPORATION LTD., KOLKATA

In the result, the appeal of revenue stands dismissed and the Cross Objection of assessee are partly allowed

ITA 1390/KOL/2019[2013-14]Status: DisposedITAT Kolkata11 Aug 2021AY 2013-14

Bench: Shri A. T. Varkey, Hon’Ble & Dr. M. L. Meena, Hon’Ble]

Section 36(1)(iii)

condone the delay and admit the appeal for hearing. 3. Ground nos. 1 and 2 of the appeal of the revenue read as under: “1. The Ld. CIT(A) has erred in facts and circumstances of the case and in deleting the capitalization of interest expenses of Rs.6,63,00,000/- on the basis of submission of the assessee without

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 334/KOL/2020[2009-10]Status: DisposedITAT Kolkata20 Jan 2023AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 333/KOL/2020[2007-08]Status: DisposedITAT Kolkata20 Jan 2023AY 2007-08

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

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

ITA 336/KOL/2020[2014-15]Status: DisposedITAT Kolkata20 Jan 2023AY 2014-15

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial