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184 results for “condonation of delay”+ Section 132(5)clear

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Key Topics

Addition to Income83Section 153A61Section 143(3)51Section 80I51Section 25049Section 14849Section 14749Section 153C38Section 68

VIIKING MEDIA & ENTERTAINMENT PVT. LTD,MUMBAI vs. ACIT (IT) CENTRAL CIR4(4), MUMBAI

In the result, appeal filed by the assessee is partly allowed as indicated above

ITA 2384/MUM/2021[2016-17]Status: DisposedITAT Mumbai20 Feb 2023AY 2016-17

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blev. Acit – Central Circle-4(4) Viiking Media & Entertainment Pvt Ltd., 604-065, 6Th Floor, Gateway Plaza, Air India Building Hiranandani Garden Nariman Point, Mumbai – 400 021 Central Avenue, Powai, Mumbai - 400076 Pan: Aaacj9884E (Appellant) (Respondent) Shri Neelkant Khandelwal Assessee Represented By : Ms. Richa Gulati Department Represented By :

5) There is no presumption that delay is occasioned deliberately, or on account of culpable negligence or on account of malafides. A litigant does not stand to benefit by resorting to delay. In fact, he runs a serious risk. (6) It must be grasped that the judiciary is respected not on account of its power to legalise injustice on technical

MR. SATYA PRAKASH SINGH,MUMBAI vs. ITO, WARD-28(3)(1), VASHI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

ITA 3715/MUM/2023[2012-13]Status: Disposed

Showing 1–20 of 184 · Page 1 of 10

...
38
Limitation/Time-bar37
Condonation of Delay30
Reopening of Assessment23
ITAT Mumbai
08 Aug 2025
AY 2012-13

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Arun Kanti Datta, CIT-DR
Section 143(3)Section 153Section 69C

delay is hereby condoned and appeal so filed by the Revenue is admitted for adjudication. 5. Briefly the facts of the case are that the assessee has originally filed his return of income on 28-09-2012, declaring total income of Rs. 5,12,500/-. The assessment proceedings were completed u/s. 143(3) of the Income

ITO-28(3)(1), MUMBAI, MUMBAI vs. SATYA PRAKASH SINGH, MUMBAI

In the result, the ground so taken by the assessee so far as it relates to challenging the order of the AO as passed beyond the period of limitation is hereby allowed

ITA 3844/MUM/2025[2012]Status: DisposedITAT Mumbai08 Aug 2025

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadav

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Arun Kanti Datta, CIT-DR
Section 143(3)Section 153Section 69C

delay is hereby condoned and appeal so filed by the Revenue is admitted for adjudication. 5. Briefly the facts of the case are that the assessee has originally filed his return of income on 28-09-2012, declaring total income of Rs. 5,12,500/-. The assessment proceedings were completed u/s. 143(3) of the Income

DCIT, CENTRAL CIRCLE- 4(1), MUMBAI, MUMBAI vs. EVERGREEN FINANCIAL SERVICES, MUMBAI

In the result, the cross objection by the assessee is allowed, while the appeal by the Revenue is dismissed

ITA 1625/MUM/2024[2013-14]Status: DisposedITAT Mumbai27 Feb 2025AY 2013-14

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailassessment Year : 2013-14 Dcit, Central Circle-4(1), Room No. 1916, 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. ……………. Appellant V/S Evergreen Financial Services, Kanakia Future City, Cts 101, Behind Dr. L H Hiranandani Hospital, Mumbai-400093. ……………. Respondent Pan : Aabfe 9028 R

For Appellant: Shri Vijay MehtaFor Respondent: Shri Biswanath Das, CIT-DR
Section 153ASection 153DSection 250Section 37Section 68

condone the delay in filing the cross-objection by the assessee and we proceed to decide the same on merits. 7. The issue arising in Ground No.1, raised in assessee’s cross-objection, pertains to the validity of additions made under section 153A of the Act in the absence of incriminating material found during the search. 8. The brief facts

ACIT, CIR-1(2)(1), MUMBAI vs. M/S. CHERYL ADVISORY PVT LTD., MUMBAI

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

ITA 2063/MUM/2023[2013-14]Status: DisposedITAT Mumbai31 Jan 2024AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Narender Kumar Choudhry () Assessment Year: 2013-14

For Appellant: Mr. Tanzil Padvekar, AdvFor Respondent: Mr. H.M. Bhatt, Sr. DR
Section 153C

delay due to genuine reasons due to genuine reasons, same is condoned and appeal is admitted for adjudication. condoned and appeal is admitted for adjudication. 3. Briefly stated facts of the case are that the assessee company Briefly stated facts of the case are that the assessee company Briefly stated facts of the case are that the assessee company filed

DCIT CENTRAL CIRCLE-2(4) , MUMBAI vs. RONAK GEMS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is allowed for statistical

ITA 1496/MUM/2023[2017-2018]Status: DisposedITAT Mumbai15 Nov 2023AY 2017-2018

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2017-18 Dcit Central Circle- 2(4) M/S Ronak Gems Pvt Ltd Room No. 802, 8Th Floor, 311, Mehta Bhavan, Shop No. Vs. Prathishtha Bhavan, M.K. 5, Opp. Charni Road, Road Churchgate, Mumbai- 400 004 Mumbai- 400020 Pan No. Aabcr 7550 G Appellant Respondent Assessee By : Mr. Nishit Gandhi, Ms. Madhuri Tambe & Aishwarya Wanikar Revenue By : Smt. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 09/11/2023 Date Of Pronouncement : 15/11/2023

For Appellant: Mr. Nishit Gandhi, Ms. MadhuriFor Respondent: Smt. Sanyogita Nagpal, CIT-DR
Section 143(2)Section 153A

132 upon a person not referred to in Section 153A of IT Act. He submitted that this person not referred to in Section 153A of IT Act. He submitted that this person not referred to in Section 153A of IT Act. He submitted that this was an issue of law and therefore, the ITAT should have permitted

SHRI RAJESH RAMCHANDRA DAKE,PANVEL vs. DY CIT CC-1, MUMBAI

ITA 3/MUM/2021[2008-09]Status: DisposedITAT Mumbai23 Jan 2025AY 2008-09
For Appellant: \nShri Rajesh Ramchandra DakeFor Respondent: \nDy. Commissioner of Income Tax
Section 10Section 132Section 139(1)Section 143(1)Section 143(3)Section 153ASection 250

5, 2013 declaring total income of Rs.37,81,907/- which was processed by the AO, who by considering the relevant details filed by the Assessee as called for and observing that the Assessee has derived income from salary, capital gain and other sources, ultimately vide assessment order dated March 31, 2016 under Section 143(3) read with Section 153A

URMI FOUNDATION,THANE vs. WX, THANE

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

ITA 3340/MUM/2025[25-26]Status: DisposedITAT Mumbai26 Sept 2025

Bench: MS. KAVITHA RAJAGOPAL (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)

For Appellant: Ms. Abhilasha Sanjay PawarFor Respondent: Shri Vivek Perampurna, (CIT-DR)
Section 80GSection 80G(5)(vi)

5) of Section 80G of the Income Tax Act, 1961 (‘the Act'), vide order dated 04.10.2024. 2. It is observed that the assessee has filed the present appeal with a delay of 132 days beyond the period of limitation for which the assessee has filed an application for condoning

NISHA THOMAS,MUMBAI vs. COMMISSIONER OF INCOME TAX (A)-DRP-2 , MUMBAI

In the result, the appeal is allowed

ITA 2764/MUM/2024[2015-16]Status: DisposedITAT Mumbai15 Jul 2024AY 2015-16

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Shri Gunjan Kakkad, CAFor Respondent: Shri Himanshu Sharma, CIT-DR
Section 142(1)Section 147Section 148Section 148A

condone the delay of 3 days in filing the appeal and admit the appeal for adjudication. 6. The first contention of the ld. AR is with regard to the legal issue that the notice issued under section 148 of the Act dated 22.07.2022 is barred by limitation. The ld. AR submitted that the AO issued a notice under

DCIT CEN CIR 10, MUMBAI vs. KEYSTONE REALTORS P.LTD, MUMBAI

In the result, both the appeals filed by the revenue are dismissed and cross objections filed by the assessee are partly allowed

ITA 5629/MUM/2014[2008-09]Status: DisposedITAT Mumbai25 Jan 2023AY 2008-09

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhita Nos. 5629 & 5630/Mum/2014 (A.Y: 2008-09 & 2009-10) Dcit, Central Circle-10 Vs. M/S. Keystone Realtors Room No. 802, 8Th Pvt Ltd., Floor, Old Cgo Annexe Natraj, Mv Road, Bldg, Mk Road, Junction, We Highway, Mumbai-400020. Andheri (E), Mumbai-400069. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaack2499Q Appellant .. Respondent

Section 115JSection 132(1)Section 143(2)Section 14ASection 153A

132(1) of the Act conducted in the course of Rustomjee Evershine Group on 21.10.2010 and the assessee also was covered under search action, therefore notice u/s 153A of the Act was issued. In compliance to the notice, the assessee has filed the return of income for the A.Y 2008-09 on 29.10.2011 disclosing a total income

SEMIT PHARMACEUTICALS & CHEMICALS PVT. LTD.,MUMBAI vs. DCIT, CC- 34 , MUMBAI

In the result, all the appeals filed by the assessee are allowed

ITA 6997/MUM/2018[2006-07]Status: DisposedITAT Mumbai24 Mar 2023AY 2006-07

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 115JSection 143(3)Section 14ASection 153C

condone the delay and admit the appeals for hearing. 5. The facts relating to the case are stated in brief. The revenue carried out search and seizure operations in the hands sister concern of the assessee named M/s Elder Pharmaceuticals Ltd on 06-03-2012. On the very same day, the proceedings u/s 153C of the Act was initiated

SEMIT PHARMACEUTICALS & CHEMICALS PVT. LTD.,MUMBAI vs. DCIT, CC- 34 , MUMBAI

In the result, all the appeals filed by the assessee are allowed

ITA 7526/MUM/2018[2008-09]Status: DisposedITAT Mumbai24 Mar 2023AY 2008-09

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 115JSection 143(3)Section 14ASection 153C

condone the delay and admit the appeals for hearing. 5. The facts relating to the case are stated in brief. The revenue carried out search and seizure operations in the hands sister concern of the assessee named M/s Elder Pharmaceuticals Ltd on 06-03-2012. On the very same day, the proceedings u/s 153C of the Act was initiated

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

ITA 5401/MUM/2024[2011-12]Status: DisposedITAT Mumbai23 Dec 2025AY 2011-12

Bench: Sandeep Gosain () & Shri Om Prakash Kant ()

For Respondent: Ms. Shivani Shah
Section 147Section 148Section 35A

condoned the delay in filing the appeal. However, while upholding the addition on merits, the learned CIT(A) However, while upholding the addition on merits, the learned CIT(A) However, while upholding the addition on merits, the learned CIT(A) rejected the objections raised against rejected the objections raised against the initiation of reassessment the initiation of reassessment proceedings under

JAY MAHARASHTRA CO-OP CREDIT SOCIETY LIMITED,MUMBAI vs. ITO 19(1)(5), MUM

In the result, the appeal of the assessee is allowe

ITA 3856/MUM/2025[2020-21]Status: DisposedITAT Mumbai09 Sept 2025AY 2020-21

Bench: Shri Om Prakash Kant () & Ms. Suchitra Raghunath Kamble () Assessment Year: 2020-21 Jay Maharashtra Co-Op. Credit Ito 19(1)(5), Society Ltd., Piramal Chamber, Lal Baug, Vs. Room No. 1, Ground Floor, Shiv Parel, Bhavan, Bldg. No. 25, 4Th Mumbai-400012. Kamathipura, Mumbai Central, Mumbai-400 008. Pan No. Aafaj 3385 B Appellant Respondent

For Respondent: Mr. Dinesh Ahir
Section 69C

section 5 of the Limitation Act, 1963, as applicable to appellate proceedings under Limitation Act, 1963, as applicable to appellate proceedings under Limitation Act, 1963, as applicable to appellate proceedings under the Act. Accordingly, i the Act. Accordingly, in the interest of substantial justice, the delay n the interest of substantial justice, the delay is condoned, and the appeal

ADDL CIT R G 7(1), MUMBAI vs. NOVARTIS INDIA LTD ( FORMERLY KNOWN AS HINDUSTAN CIBA GIEGY LTD. ), MUMBAI

ITA 6772/MUM/2010[2002-03]Status: DisposedITAT Mumbai20 Mar 2024AY 2002-03

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Novartis India Limited V. Asst. Commissioner Of Income –Tax - 7(2)(2) {Earlier Addl. Commissioner Of Income –Tax – 7(1)} 6Th& 7Th Floor 1St Floor, Aayakar Bhavan Inspire Bkc M.K. Road, Mumbai - 400020 “G” Block, Bkc Main Road Bandra Kurla Complex, Bandra (E) Mumbai – 400051 Pan: Aaach2914F (Appellant) (Respondent) Addl. Commissioner Of Income –Tax – 7(1) V. M/S. Novartis India Limited Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent) Co No.190/Mum/2011 [Arising Out Of Ita No.6772/Mum/2010 (A.Y. 2002-03)] M/S. Novartis India Limited V. Addl. Commissioner Of Income –Tax – 7(1)} Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent)

Section 120(4)(b)Section 127Section 143(2)Section 143(3)Section 2

condonation of delay on merit. Hence, this decision is not applicable in the Assessee's case. The facts in the assessee's case are different. The delay in filing of an additional ground is 16 years and no cogent evidence or no explanation has been filed by the assessee to justify the substantial delay of 16 years. In fact

DCIT-1(2)1, MUMBAI, MUMBAI vs. PATIL CONSTRUCTION AND INFRASTRUCTURE LTD, MUMBAI

In the result In the result, all the three appeals filed by the revenue s filed by the revenue are dismissed

ITA 4940/MUM/2024[2014-15]Status: DisposedITAT Mumbai14 Jan 2025AY 2014-15

Bench: Shri Sandeep Gosain, Hon’Ble & Ms. Padmavathy S., Hon’Ble

For Appellant: Mandar VaidyaFor Respondent: Shri Krishna Kumar, Sr. D/R
Section 801A

condone the delay and hence the appeals are the appeals are admitted for hearing admitted for hearing on merits. 4. All the grounds raised by the Department are inter- All the grounds raised by the Department are inter All the grounds raised by the Department are inter related and inter related and inter-connected and relates to challenging

DCIT-1(2)1, MUMBAI., MUMBAI vs. PATIL CONSTRUCTION AND INFRASTRUCTURE LTD, MUMBAI

In the result In the result, all the three appeals filed by the revenue s filed by the revenue are dismissed

ITA 4942/MUM/2024[2015-16]Status: DisposedITAT Mumbai14 Jan 2025AY 2015-16

Bench: Shri Sandeep Gosain, Hon’Ble & Ms. Padmavathy S., Hon’Ble

For Appellant: Mandar VaidyaFor Respondent: Shri Krishna Kumar, Sr. D/R
Section 801A

condone the delay and hence the appeals are the appeals are admitted for hearing admitted for hearing on merits. 4. All the grounds raised by the Department are inter- All the grounds raised by the Department are inter All the grounds raised by the Department are inter related and inter related and inter-connected and relates to challenging

ANOOPKUMAR DEVIDAS RAIMALANI,MUMBAI vs. ITO, CIR-18(1), MUMBAI

ITA 1653/MUM/2023[2014-15]Status: DisposedITAT Mumbai15 Mar 2024AY 2014-15
Section 143(3)Section 250Section 253(2)

condone the delay of 119\ndays and admit the appeal for disposing off the same on merits.\n5. Assessee is in appeal before us and raised following grounds in its\nappeal:\n\"1. Confirming the addition of Rs. 8,60,124/- on account of\ninterest paid on Loans borrowed for purchase of Surat Property\nwhich was given on Rent

NSK ADVISORS PVT LTD,MUMBAI vs. COMMISSIONER OF INCOME TAX CIT (A)-53, MUMBAI

In the result, both the appeals filed by the assessee are allowed

ITA 2126/MUM/2023[2015-16]Status: DisposedITAT Mumbai27 Sept 2023AY 2015-16

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Shri Waseem KhanFor Respondent: Shri S Srinivasu
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 37(1)

delay is condoned. 3. The assessee has challenged the assessment order passed u/s. 143(3) r.w.s. 153A of the Act on the ground that there was no incriminating material found and seized during the search proceeding and has also challenged the disallowance of expenses debited to profit and loss account amounting to Rs.2,89,667/- and Rs.11

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

ITA 2486/MUM/2017[2007-08]Status: DisposedITAT Mumbai07 Jul 2023AY 2007-08

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

Section 14ASection 154Section 199(2)Section 80I

delay. Both the appeals either cross objection or cross appeal for the respective assessment years have been delayed filed. The reasons given for late filing of appeal does not show sufficient cause on behalf of the Managing Director of the assessee company. The reason provided for the delayed filing does contain in action or negligence on the part