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314 results for “condonation of delay”+ Section 56clear

Sorted by relevance

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Key Topics

Section 148108Addition to Income75Section 14773Section 25060Limitation/Time-bar42Section 143(3)38Condonation of Delay38Section 6830Section 14A

MILK MANTRA DAIRY (P) LTD.,BHUBANESWAR vs. DCIT, CIR.-12(1), KOLKATA

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

ITA 413/KOL/2020[2013-14]Status: DisposedITAT Kolkata04 Jul 2022AY 2013-14

Bench: Shri Aby T. Varkey & Shri Girish Agrawalassessment Year: 2013-14 Milk Mantra Dairy Pvt. Ltd. Deputy Commissioner Of Pan: Aagcm1112L Income-Tax Vs. 7Th Floor, Z Tower, Patia Circle-12(1) Nandan Kanan Road, Kolkata. Bhubaneswar-751024. (Appellant) (Respondent) Present For: Appellant By : Shri Rajib Sharma & Shri Jai Somani, Ars Respondent By : Shri Sudipta Guha, Cit, Dr Date Of Hearing : 05.04.2022 Date Of Pronouncement : 04.07.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Cit(A)-4, Kolkata In Appeal No. 491/Cit(A)-4/16-17 Dated 03.02.2020 Against The Assessment Order Of Dcit, Circle-12(1), Kolkata Passed U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”) Dated 13.01.2017. 2. There Is A Delay Of 73 Days In Filing The Present Appeal For Which A Petition For Condonation Of Delay Is Placed On Record. From The Condonation Petition, We Note That The Present Appeal Ought To Have Been Filed On Or Before 17.04.2020 Which Falls During The Lockdown Period On Account Of Pandemic Of Covid-19. It Is Requested By The Assessee That Since It Is Prevented By Sufficient & Reasonable Cause, The Delay Of 73 Days In Filing The Appeal May Be Condoned & Appeal Be Admitted For Meritorious Disposal. We Have Heard Both The Sides & Find That Vide Order Dated 10.01.2022, Hon’Ble Supreme Court Has Directed That The Period From 15.03.2020 To 28.02.2022 Is To Be Excluded For The Purpose Of Computing The 2 Milk Mantra Dairy (P) Ltd. A.Y. 2013-14 Limitation Period During The Covid-19 Pandemic. Further, A Period Of 90 Days Is Allowed After 28.02.2022 Vide Same Order. Considering The Facts & The Explanation Of The Assessee, We Condone The Delay In Filing The Appeal & Admit It For Adjudication.

For Appellant: Shri Rajib Sharma & Shri Jai Somani, ARs Shri Sudipta Guha, CIT, DR

Showing 1–20 of 314 · Page 1 of 16

...
24
Disallowance23
Section 143(1)21
Section 13220
For Respondent:
Section 143(3)Section 56(2)(viib)

condone the delay in filing the appeal and admit it for adjudication. 3. Grounds taken by the assessee in the present appeal are reproduced as under: 1. That on the facts and in the circumstances of the case, the learned CIT(Appeals) erred in confirming addition made by the Assessing Officer to the extent of Rs. 6.8 crores as share

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. SHRI SAROJ KUMAR PODDAR, KOLKATA

In the result, the appeal of the Revenue is dismissed as not maintainable

ITA 2406/KOL/2019[2014-15]Status: DisposedITAT Kolkata29 Jun 2021AY 2014-15

Bench: Shri J. Sudhakar Reddy, Hon’Ble & Shri Aby T. Varkey, Hon’Ble]

Section 250

delay of two days in filing of this appeal by the Revenue. The same is hereby condoned. 3. At the outset, the ld. AR appearing on behalf of the assessee challenged the maintainability of the Departmental appeal. The assessee filed detailed written submissions dated 09/04/2021 in this regard. In response, the Revenue also filed detailed note on the issue

SANTANU DAS,KOLKATA vs. I.T.O.,WARD-25(1), KOLKATA

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

ITA 2582/KOL/2024[2020-21]Status: DisposedITAT Kolkata28 May 2025AY 2020-21

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(2)Section 144Section 250Section 56(2)(x)

Section 3 of the Limitation Act; 5. Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence

SMT. KAJARI BANERJEE,KOLKATA vs. ITO WARD-29(1), KOLKTAT

In the result, the appeal of the assessee is allowed

ITA 130/KOL/2025[2018-19]Status: DisposedITAT Kolkata19 May 2025AY 2018-19
Section 143(3)Section 50(2)(X)Section 56Section 56(2)(X)

condone the delay and admit the appeal for adjudication.\n03. The only issue raised in the various grounds of appeal is against the\napplicability of the provisions of Section 56

DCIT, CC-1(4), KOLKATA, KOLKATA vs. JUPITER INTERNATIONAL LIMITED , KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1678/KOL/2025[2014-15]Status: DisposedITAT Kolkata21 Jan 2026AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2014-15 Dcit, Cc-1(4), Kolkata ………….……………………….……….……….……Appellant Vs. Jupiter International Limited..……………………………….....……...…..…..Respondent Unnayanam, 20A, Ashutosh Chowdhury Avenue, Kol-19.. [Pan: Aaacj6956B] Appearances By: Shri P. N Barnwal, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Soumitra Choudhury & Nandini Sureka, Advocate, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2026 Date Of Pronouncing The Order : January 21, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 29.10.2024 Of The National Faceless Appeal Centre [‘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 197 Days & The Revenue Has Filed A Petition For Condonation Of The Delay. After Going Over The Said Petition, We Find Sufficient Reasons Behind The Delay & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 132Section 142(1)Section 143(2)Section 14ASection 153ASection 250Section 56(2)Section 56(2)(viib)

delay in filing the appeal is hereby condoned and we proceed to dispose of the appeal on merits. 3. Brief facts of the case are that the assessee company was established on 08.09.1978 and is engaged in the trading of computer peripherals and parts and manufacturing of CDR and DVDR. The Jupiter International Limited assessee company filed its original return

DCIT, CIR. 4(1), KOLKATA vs. M/S MANAKSIA ALUMINIUM CO. LTD, KOLKATA

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

ITA 92/KOL/2021[2014-15]Status: DisposedITAT Kolkata25 Sept 2023AY 2014-15

Bench: Dr. Manish Borad & Shri Sonjoy Sarma

Section 143(3)

section 143(3)/144C of the Act on 27.12.2017 framed by ld. DCIT, Circle-4(2), Kolkata. 2. We notice that both the instant appeals by Revenue are against the same order of ld. CIT(Appeals). Therefore, the later appeal bearing ITA No. 281/KOL/2021 is dismissed as infructuous. 3. The appeal bearing ITA Nos. 92/KOL/2021 has been filed before

DCIT-4(1), KOLKATA vs. M/S MANAKSIA ALUMINIUM CO. LIMITED, KOLKATA

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

ITA 281/KOL/2021[2014-15]Status: DisposedITAT Kolkata25 Sept 2023AY 2014-15

Bench: Dr. Manish Borad & Shri Sonjoy Sarma

Section 143(3)

section 143(3)/144C of the Act on 27.12.2017 framed by ld. DCIT, Circle-4(2), Kolkata. 2. We notice that both the instant appeals by Revenue are against the same order of ld. CIT(Appeals). Therefore, the later appeal bearing ITA No. 281/KOL/2021 is dismissed as infructuous. 3. The appeal bearing ITA Nos. 92/KOL/2021 has been filed before

DIPANSHU GUPTA,HOWRAH vs. ITO, WARD - 37(1), KOLKATA

In the result, both the appeals filed by the assessee are allowed\nfor statistical purposes

ITA 2448/KOL/2024[2015-16]Status: DisposedITAT Kolkata23 Apr 2025AY 2015-16
Section 147Section 250

condone\nthe delay and admit the appeals for adjudication.\n2. The assessee is in appeal before the Tribunal raising the following\ngrounds of appeal:\nI.T.A. Nos.: 2448 & 2449/KOL/2024\n Assessment Years: 2015-16 & 2017-18\nDipanshu Gupta.\nAY 2015-16\n“1.) That on the facts and in the circumstances of the case, Ld. CIT(A) erred\nin passing

RAJIB CHAKRABORTY,KOLKATA vs. ITO- WARD-30(3), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1279/KOL/2023[2013-14]Status: DisposedITAT Kolkata20 May 2024AY 2013-14

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 250Section 250(6)Section 253(3)Section 253(5)

condone the delay and proceed to decide the appeal on merit. 8 I.T.A. No.1279/Kol/2023 Assessment Year: 2013-14 Rajib Chakraborty. 14. The only effective issue raised in the grounds of appeal is that the Ld. CIT(A) has erred in facts and on law in upholding the order of AO wherein the AO has denied the benefit of exemption claimed

DEEPAK BAJAJ ,KOLKATA vs. CIT- 14, KOLKATA

In the result, appeal of the assessee is partly allowed

ITA 492/KOL/2020[2010-11]Status: DisposedITAT Kolkata09 Feb 2023AY 2010-11

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2010-11

For Appellant: Shri Dilip Chatterjee, Advocate
Section 143(3)Section 263

condone the delay and admit the appeal for adjudication. 6. Assessee has filed grounds of appeal which are argumentative in nature and elaborate. Direction was given to the assessee vide order sheet dated 05.09.2022, to file precise grounds. In compliance to the said direction, revised precise grounds of appeal were filed on 16.09.2022 which are nine in number. From

INCOME TAX OFFICER, KOLKATA vs. NETAI BHADRA, KOLKATA

In the result, the appeal of the Revenue is allowed for statistical purposes and the Cross Objection of the assessee is dismissed

ITA 2386/KOL/2024[2020]Status: FixedITAT Kolkata26 Jun 2025

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 2386/Kol/2024 Assessment Year: 2020-2021 Income Tax Officer,…………………………..……Appellant Ward-50(1), Kolkata, Uttarapan Building, Block-Ds-Ii & Iii, 2Nd Floor, Ultadanga, Kolkata-700054 -Vs.- Netai Bhadra,…………………………………......Respondent 3/2,New Pally, Noapara, Kolkata-700090, West Bengal [Pan:Ahdpb8164C] -And- C.O. No. 8/Kol/2025 (In Ita No. 2386/Kol/2024) Assessment Year: 2020-2021 Netai Bhadra,…………………………………..Cross Objector 3/2,New Pally, Noapara, Kolkata-700090, West Bengal [Pan:Ahdpb8164C] -Vs.- Income Tax Officer,…………………………..…Respondent Ward-50(1), Kolkata, Uttarapan Building, Block-Ds-Ii & Iii, 2Nd Floor, Ultadanga, Kolkata-700054

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144Section 272A(1)(d)Section 56(2)Section 56(2)(x)

delay is condoned. 5. Brief facts of the case are that the assessee filed his return of income in Form ITR 3 on 31/03/2021 declaring total income at Rs.28,57,690/-. Subsequently, the assessee also filed a revised return of income on 18.09.2021 declaring total income at Rs.22,72,880/-. The said revised return was processed under section

AMAL MUKHERJEE,KOLKATA vs. ACIT, CIR-1, DURGAPUR. , DURGAPUR.

In the result, appeal of the assessee is allowed

ITA 1215/KOL/2023[2015-16]Status: DisposedITAT Kolkata21 Feb 2024AY 2015-16

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2015-16

For Appellant: Shri Vinod Kr. Jain, FCAFor Respondent: Shri Anindya Kumar Bandopadhyay, Addl. CIT
Section 143(3)Section 2Section 50C(1)Section 56(2)(vii)

condone the delay of 648 days (approx.) in filing this appeal. The delay was without any malafide intention and caused due to circumstance beyond control of the appellant. The admission of appeal would be a cause for natural justice. 2. The Ld. CIT [A] NFAC was wrong in law as well as on facts to affirm the order of Assessing

DEB PRASANNA CHOUDHURY,KOLKATA vs. ADIT/DCIT (IT) - 1(1), KOLKATA, KOLKATA

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

ITA 2199/KOL/2024[2012-2013]Status: DisposedITAT Kolkata04 Nov 2025AY 2012-2013

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 131Section 133(6)Section 139(4)Section 142(1)Section 143(3)Section 148Section 250Section 56(2)Section 56(2)(vii)

condone the delay and admit the appeal for adjudication. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. The Ld. CIT(Appeal)-22, Kolkata has erred in law and in facts in confirming the Assessment Order passed by the Ld. Assessing Officer assessing the Total Income at Rs. 1,00,28,740/- only

SALARPURIA PROPERTIES PVT. LTD.,KOLKATA vs. D.C.I.T., CENTRAL CIRCLE - 1(2), KOLKATA

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

ITA 1986/KOL/2024[2012-2013]Status: DisposedITAT Kolkata25 Jul 2025AY 2012-2013

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 51

Section 51 of the Indian Limitation Act of 1963 in order to enable the Courts to do substantial justice to parties by disposing of matters on 'merits'. The expression "sufficient cause" employed by the legislature is adequately elastic to enable the courts to apply the law in a meaning- ful manner which subserves the ends of justice--that being

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

condone the delay and admit the appeal for hearing. 5. By way of this appeal, the assessee appellant has challenged correctness of the order dated 30.03.2015, passed by the learned Commissioner of Income Tax (CIT)-14, SAHABUDDIN QUADIRI [Assessment Year: 2010-11] Kolkata, for the assessment year 2010-11. Grievances raised by the assessee are as follows. (1) That

D.C.I.T.,CIRCLE-3(1), KOLKATA vs. SMT. SHIKHA ROY, KOLKATA

In the result, appeal of the revenue is dismissed

ITA 1915/KOL/2019[2016-17]Status: DisposedITAT Kolkata25 Nov 2020AY 2016-17
Section 143(2)Section 143(3)Section 250Section 54ESection 54F

condone the delay and admit this appeal. 3. The assessee is an individual and filed her return of income for the Assessment Year 2016-17 on 28/06/2016, declaring total income of Rs.6,21,37,340/-. In this return of income, she declared income from rent from house property and long term capital gains from sale of tenancy rights, in addition

M/S COAL INDIA LTD.,KOLKATA vs. DCIT, CIR-5(1), , KOLKATA

ITA 1407/KOL/2019[2014-15]Status: DisposedITAT Kolkata20 Jan 2026AY 2014-15
Section 115J

condone\nthe delay and admit the appeal for adjudication.\n1.3 Since the issues are common, all the eight appeals were heard\ntogether and are being decided vide this common order for the sake of\nconvenience and brevity.\n2.\nThe assessee has raised the following grounds of appeal in ITA No.\n466/KOL/2018:\n“1) That on the facts and circumstances

DEBDAS GHOSH,HOOGHLY vs. ITO, WARD 24(1), , HOOGHLY

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

ITA 1062/KOL/2025[2020-2021]Status: DisposedITAT Kolkata12 Aug 2025AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 155(15)Section 250Section 56(2)(x)

condone the delay because he failed to appreciate that in the impugned assessment order the Ld. Assessing Officer had inter alia stated that the order was being passed subject to amendment under section 155(15) as and when the valuation report is received from valuation officer. Therefore, Order so passed by Ld. CIT(A) to be set aside and restored

ITO, WARD - 34(4) , KOLKATA vs. M/S. GODHULI DEALCOM LLP, DELHI

In the result, the appeal of the Revenue is partly allowed for statistical purposes and the Cross Objection raised by the assessee is dismissed

ITA 2307/KOL/2018[2015-16]Status: DisposedITAT Kolkata28 Jun 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Manish Borad

Section 143(3)

condone the delay of 996 days in filing of the Cross Objection and admit the same for adjudication. 3. The Revenue has raised the following grounds of appeal:- “1. On the facts and circumstances of the case, the Id. CIT(A) erred in deleting the securities premium reserve of Rs. 12,87,23,000/- which stood transferred

NAVNIRMAN INFRACON PRIVATE LIMITED,KOLKATA vs. ITO, WARD 10(2), , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 689/KOL/2025[2011-12]Status: DisposedITAT Kolkata28 Oct 2025AY 2011-12
For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Sandeep Kumar Mehta, Addl. Sr. DR
Section 148Section 250Section 56(2)(via)Section 56(2)(viia)

section 56(2)(viia) of the Act in complete\ndisregard that the provisions of said 56(2)(viia) of the Act which was\nintroduced with effect from 1st June, 2010 were not applicable in the\ninstant case as the purchase of shares made by the assessee\ncompany was before 1st June, 2010.\"\n3. The appeal is time barred