BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

107 results for “condonation of delay”+ Section 40aclear

Sorted by relevance

Chennai208Mumbai130Kolkata107Delhi51Bangalore47Amritsar35Hyderabad31Pune28Jaipur27Cuttack26Ahmedabad23Indore17Lucknow17Raipur13Visakhapatnam12Surat7Chandigarh7Rajkot6Patna5Cochin4Nagpur4Agra2Calcutta2SC2Allahabad1Dehradun1Telangana1Jabalpur1

Key Topics

Addition to Income77Section 143(3)75Section 40A(3)71Disallowance64Section 14A62Condonation of Delay59Limitation/Time-bar49Section 25039Deduction

AWAS DEVCON PVT. LTD. ,HOWRAH vs. ITO, WARD-14(4), KOLKATA. , KOLKATA

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

ITA 1217/KOL/2023[2015-16]Status: DisposedITAT Kolkata24 Feb 2025AY 2015-16

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

For Appellant: Shri Abhishek Bansal, ARFor Respondent: Shri Arun Kanti Dutta, DR
Section 131Section 143(1)Section 143(3)Section 40A(3)

delays are condoned by admitting these appeals for adjudication. ITA No. 1217/KOL/2023 for A.Y. 2015-16 04. The only issue raised and pressed at the time of hearing is against the order of ld. CIT (A) upholding the assessment order, wherein the ld. AO has made the addition of ₹3,14,43,700/- by invoking the provisions of Section 40A

Showing 1–20 of 107 · Page 1 of 6

27
Section 4025
Section 6819
Section 26316

AWAS DEVCON PVT. LTD. ,HOWRAH vs. ITO, WARD-13(1), KOLKATA. , KOLKATA

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

ITA 1216/KOL/2023[2017-18]Status: DisposedITAT Kolkata24 Feb 2025AY 2017-18

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

For Appellant: Shri Abhishek Bansal, ARFor Respondent: Shri Arun Kanti Dutta, DR
Section 131Section 143(1)Section 143(3)Section 40A(3)

delays are condoned by admitting these appeals for adjudication. ITA No. 1217/KOL/2023 for A.Y. 2015-16 04. The only issue raised and pressed at the time of hearing is against the order of ld. CIT (A) upholding the assessment order, wherein the ld. AO has made the addition of ₹3,14,43,700/- by invoking the provisions of Section 40A

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

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

ITA 220/KOL/2018[2011-12]Status: DisposedITAT Kolkata31 Jan 2020AY 2011-12

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

condone the delay in all appeals filed by the assessee, as these contain the identical grounds. 5. Although these appeals filed by the Revenue as well as Assessee for A.Y. 2010- 11 to 2013-14 contained multiple grounds of appeal. However, at the time of hearing, we have carefully perused all the grounds raised by the Revenue as well

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

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

ITA 221/KOL/2018[2012-13]Status: DisposedITAT Kolkata31 Jan 2020AY 2012-13

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

condone the delay in all appeals filed by the assessee, as these contain the identical grounds. 5. Although these appeals filed by the Revenue as well as Assessee for A.Y. 2010- 11 to 2013-14 contained multiple grounds of appeal. However, at the time of hearing, we have carefully perused all the grounds raised by the Revenue as well

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

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

ITA 486/KOL/2019[2011-12]Status: DisposedITAT Kolkata31 Jan 2020AY 2011-12

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

condone the delay in all appeals filed by the assessee, as these contain the identical grounds. 5. Although these appeals filed by the Revenue as well as Assessee for A.Y. 2010- 11 to 2013-14 contained multiple grounds of appeal. However, at the time of hearing, we have carefully perused all the grounds raised by the Revenue as well

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

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

ITA 487/KOL/2019[2012-13]Status: DisposedITAT Kolkata31 Jan 2020AY 2012-13

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

condone the delay in all appeals filed by the assessee, as these contain the identical grounds. 5. Although these appeals filed by the Revenue as well as Assessee for A.Y. 2010- 11 to 2013-14 contained multiple grounds of appeal. However, at the time of hearing, we have carefully perused all the grounds raised by the Revenue as well

ACIT, CIRCLE - 2(1), KOLKATA, KOLKATA vs. M/S. ITC INFOTECH INDIA LIMITED, KOLKATA

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

ITA 2075/KOL/2017[2010-11]Status: DisposedITAT Kolkata31 Jan 2020AY 2010-11

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

condone the delay in all appeals filed by the assessee, as these contain the identical grounds. 5. Although these appeals filed by the Revenue as well as Assessee for A.Y. 2010- 11 to 2013-14 contained multiple grounds of appeal. However, at the time of hearing, we have carefully perused all the grounds raised by the Revenue as well

M/S ITC INFOTECH INDIA LTD.,KOLKATA vs. DCIT,CIR - 2(1),, KOLKATA

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

ITA 488/KOL/2019[2013-14]Status: DisposedITAT Kolkata31 Jan 2020AY 2013-14

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

condone the delay in all appeals filed by the assessee, as these contain the identical grounds. 5. Although these appeals filed by the Revenue as well as Assessee for A.Y. 2010- 11 to 2013-14 contained multiple grounds of appeal. However, at the time of hearing, we have carefully perused all the grounds raised by the Revenue as well

ITC INFOTECH INDIA LTD.,KOLKATA vs. A.C.I.T.,CIR-2(1), KOLKATA

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

ITA 552/KOL/2019[2010-11]Status: DisposedITAT Kolkata31 Jan 2020AY 2010-11

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

condone the delay in all appeals filed by the assessee, as these contain the identical grounds. 5. Although these appeals filed by the Revenue as well as Assessee for A.Y. 2010- 11 to 2013-14 contained multiple grounds of appeal. However, at the time of hearing, we have carefully perused all the grounds raised by the Revenue as well

DCIT, CIRCLE - 5(1) , KOLKATA vs. M/S. L & T FINANCE LTD., , KOLKATA

In the result, appeal of the revenue is dismissed and Cross Objection of the assessee is allowed

ITA 1781/KOL/2019[2014-15]Status: DisposedITAT Kolkata29 Nov 2023AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15 Deputy Commissioner Of L & T Finance Ltd. Income Tax, Circle-5(1), Vs. 7Th Floor, A Wing, Block Bp, Kolkata Sector V, Kolkata-700091. (Pan: Aacca1963B) (Appellant) (Respondent) & C.O. No. 10/Kol/2023 In Ita No.1781/Kol/2019 Assessment Year: 2014-15 L & T Finance Ltd. Deputy Commissioner Of Vs. 7Th Floor, A Wing, Block Bp, Income Tax, Circle-5(1), Sector V, Kolkata-700091. Kolkata. (Cross Objector) (Respondent)

For Appellant: Shri Soumen Adak, FCA & Shri Ashish Poddar, FCAFor Respondent: Shri Kapil Mondal, Addl. CIT, DR
Section 143(3)Section 253Section 5Section 92B

condone the delay in filing of the appeal as well as the cross-objection and proceed to adjudicate them on merits. 3. Since the assessee has raised pure question of law in its Cross Objection, we are inclined to take up the Cross Objection filed by the assessee before adjudicating on the appeal by the revenue. Ground of Cross Objection

SAHABUDDIN QUADIRI,MURSHIDABAD vs. DCIT, CIRCLE-42, MURSHIDABAD, MURSHIDABAD

In the result, the appeal of the assessee is allowed

ITA 1617/KOL/2016[2010-11]Status: DisposedITAT Kolkata22 Nov 2018AY 2010-11

Bench: Sh. S.S.Godara & Dr. A.L.Saini[Assessment Year: 2010-11] Sahabuddin Quadiri, Vs Dcit, Saratpally, Chuanpur, Circle-42, Laldighi, 57, Berhampore, R.N.Tagore Road, Berhampore, Murshidabad-742101. Murshidabad-742101. Pan-Aaapq7976P (Assessee) (Respondent)

Section 142(1)Section 143(3)Section 263

section 263 of the Act was not appealable before this Tribunal since he was not advised by his Tax Consultant about this legal right. Later on, when a Senior Lawyer advised assessee to file an appeal, the assessee immediately took steps to file the appeal. Therefore, the delay caused. We note that delay was because of the wrong advice

DCIT CC 1 4 KOLKATA, KOLKATA vs. GREYFORCE INDUSTRIES LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 2497/KOL/2025[2023-24]Status: DisposedITAT Kolkata20 Jan 2026AY 2023-24
Section 133ASection 40A(3)Section 69C

condone the delay and admit the appeal for\nhearing.\nThe first issue raised by the Revenue is against the deletion of\naddition of ₹3,83,34,071/- by the Id. CIT (A) as made by the Id. AO\non account of freight payment exceeding to ₹35,000/- to a single\ntransporter in a single day in violation of Section 40A

M/S. NEW PANJABI SAMRAT,KOLKATA vs. ITO, WARD - 49(2), KOLKATA, KOLKATA

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

ITA 1422/KOL/2010[2006-07]Status: DisposedITAT Kolkata20 Nov 2015AY 2006-07

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 40A(3)

section 40A(3). Aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred this appeal before the Tribunal. 4. At the outset, it is noted that there is a delay of one day on the part of the assessee in filing this appeal before the Tribunal. In this regard, the assessee has filed an application seeking condonation

SHRI ARUN KUMAR JHUNJHUNWALA,HOWRAH vs. ITO, WARD-48(1). KOLKATA, KOLKATA

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

ITA 2250/KOL/2016[2009-10]Status: DisposedITAT Kolkata07 Jul 2017AY 2009-10

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.2250/Kol/2016 Assessment Year : 2009-10 Shri Arun Kr. Jhunjhunwala. -Vs.- I.T.O., Ward-48(1) Kolkata Kolkata [Pan : Acopj 2610 D] (Respondent) (Appellant) For The Appellant : Shri Miraj D.Shah, Advocate For The Respondent : Shri M.K.Biswas, Jcit Date Of Hearing : 22.06.2017. Date Of Pronouncement : 07.07.2017 Order

For Appellant: Shri Miraj D.Shah, AdvocateFor Respondent: Shri M.K.Biswas, JCIT
Section 143(3)Section 40Section 40A(2)

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act ‘) dated 23.12.2011 for the Asst Year 2009-10. 2. At the outset, there is a delay in filing the appeal by the assessee by 35 days for which a delay condonation petition has been filed by the assessee. It was stated that the assessee

DCIT, KOLKATA vs. SUJIT ARYA, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 751/KOL/2025[2014-15]Status: DisposedITAT Kolkata31 Dec 2025AY 2014-15

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Sujit Arya Dcit P-3, Paramathesh Barun Sarani, 3, Govt Place West, Kolkata- New Cit Road, Central Metro, Vs. 700001, West Bengal Kolkata-700073, West Bengal (Appellant) (Respondent) Pan No. Actpa8796J Assessee By : Shri Sunil Surana, Ar Revenue By : Shri S.B. Chakraborthy, Dr Date Of Hearing: 02.12.2025 Date Of Pronouncement: 31.12.2025

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri S.B. Chakraborthy, DR
Section 133A

condone the delay and admit the appeal for hearing. Sujit Arya; A.Y. 2014-15 3. The issue raised in ground nos.1 & 2, is against the deletion of addition of ₹4,41,61,742/- by the ld. CIT (A) as made by the ld. AO in respect of undisclosed income admitted by the assessee during survey u/s 133A

M/S CARGO HINDLING CORPORATION,KOLKATA vs. ITO, WD-28(2), KOLKATA, KOLKATA

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

ITA 1365/KOL/2014[2007-2008]Status: DisposedITAT Kolkata26 Oct 2016AY 2007-2008

Bench: Shri K. Narasimha Chary, Jm & Dr. A. L. Saini, Am]

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Abhijit Dutta, JCIT., Sr. DR
Section 143(3)Section 194CSection 234Section 40Section 40a

condonation of delay, therefore, the order passed by the Ld. C.LT.(A) is completely arbitrary, unjustified and illegal. 4. For that on the facts of the case, the Ld. C.LT.(A) was wrong in not considering the merit of the case, therefore, the order passed by the Ld. C.LT.(A) is completely arbitrary, unjustified and illegal. 5. For that

THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

In the result, appeal of the assessee in ITA No

ITA 937/KOL/2018[2010-11]Status: DisposedITAT Kolkata24 Apr 2019AY 2010-11

Bench: Shri A.T. Varkey, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri S.K. Tulsiyan, Advocate, ld.ARFor Respondent: Shri A.K. Singh, CIT, ld. DR
Section 143(3)Section 14ASection 37(1)Section 40A(2)(b)Section 48

40A(2)(b) of the Act without calling for Remand Report. (5). Grounds raised by the assesse in ITA No. 938/Kol/2018, for A.Y 2010­11, relates to action of the Assessing Officer in treating Government securities within the meaning of “Bonds” for the purpose of third proviso to section 48 of the Act, and erred in dismissing the assessee’s claim

THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

In the result, appeal of the assessee in ITA No

ITA 938/KOL/2018[2010-11]Status: DisposedITAT Kolkata24 Apr 2019AY 2010-11

Bench: Shri A.T. Varkey, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri S.K. Tulsiyan, Advocate, ld.ARFor Respondent: Shri A.K. Singh, CIT, ld. DR
Section 143(3)Section 14ASection 37(1)Section 40A(2)(b)Section 48

40A(2)(b) of the Act without calling for Remand Report. (5). Grounds raised by the assesse in ITA No. 938/Kol/2018, for A.Y 2010­11, relates to action of the Assessing Officer in treating Government securities within the meaning of “Bonds” for the purpose of third proviso to section 48 of the Act, and erred in dismissing the assessee’s claim

M/S. KENDWA PACHWAI SHOP,ASANSOL vs. ITO,WARD-2(2), ASANSOL. , ASANSOL

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

ITA 655/KOL/2023[2014-15]Status: DisposedITAT Kolkata09 Oct 2023AY 2014-15

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal

Section 143(3)Section 250Section 40A(3)

40A(3) and passed the assessment order under section 143(3) on 22.12.2016. 3. Dissatisfied with the assessment order, the assessee carried the matter in appeal. The ld. 1st Appellate Authority has dismissed the appeal for want of prosecution. The ld. CIT(Appeals) has observed that notices were issued more than six times. These notices were sent to the assessee

GOURI SHANKAR JAIN,KOLKATA vs. ACIT, CEN.CIR. 2(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 351/KOL/2021[2013-14]Status: DisposedITAT Kolkata25 Feb 2022AY 2013-14

Bench: Shri Manish Borad & Shri Sonjoy Sarmaassessment Year: 2013-14 Gouri Shankar Jain Cit(A), National Faceless Appeal Centre (Nfac) C/O. S.N. Ghosh & Associates, Advocates “Seben Brothers”, Vs. P.O. Buroshibtala, P.S. Chinsurah, Dist. Hooghly, 712105. Pan: Acvpj2347N (Appellant) (Respondent) Present For: Appellant By : Shri Somnath Ghosh, Advocate Respondent By : Shri Surendra Kumar Mishra, Addl. Cit Date Of Hearing : 17.02.2022 Date Of Pronouncement : 25.02.2022 O R D E R Per Sonjoy Sarma: This Is Appeal Filed By The Assessee Against The Order Of Ld. Cit(A), National Faceless Appeal Centre Dated 31.12.2015 For A.Y. 2013-14. 2. At The Outset, It Is Noted That There Is A Delay Of 100 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 & Keeping In View The Reasons Given Therein, We Are Satisfied That There Is A Sufficient Cause For The Delay Of 100 Days On The Part Of The Assessee In Filing This Appeal Before The Tribunal & Delay In Filing The Instant Appeal Is Accordingly Condoned.

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Surendra Kumar Mishra, Addl. CIT
Section 143(3)Section 40ASection 40A(3)

delay in filing the instant appeal is accordingly condoned. 2 Gouri Shankar Jain A.Y. 2013-14 3. The assessee raised the issue in this appeal are as follows: i. For that the Ld. Commissioner of Income Tax (Appeals)-NFAC failed to appreciate that none of the conditions precedent existed for the Ld. Assistant Commissioner of Income Tax, Central Circle