SHREE SWAMI SAMARTH TRADING CO. P. LTD,MUMBAI vs. CIT (A)-13, MUMBAI

In the result, both the appeals of assessee are dismissed

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

section 271(1)(c) of the Act vide his order dated 27-06-2012. 2. First, we dealt with ITA No. 3552/Mum/2010 for the AY 2009-10. At the outset, it is noticed that despite the issuance and service of notices for hearing fixing on 13-02-2017 and 20-03-2017, none attended. The notices were served

SHREE SWAMI SAMARTH TRADING CO. LT,MUMBAI vs. CIT (A)-13, MUMBAI

In the result, both the appeals of assessee are dismissed

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

section 271(1)(c) of the Act vide his order dated 27-06-2012. 2. First, we dealt with ITA No. 3552/Mum/2010 for the AY 2009-10. At the outset, it is noticed that despite the issuance and service of notices for hearing fixing on 13-02-2017 and 20-03-2017, none attended. The notices were served

GETINGE MEDICAL INDIA PRIVATE LIMITED ,MUMBAI vs. DCIT 2(2)(1), MUMBAI MAHARASHTRA

In the result, appeal filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

section 115BAA, a delay in filing Form 10-IC does not invalidate the claim and is liable to be condoned. This administrative clarification reinforces the view that the requirement of filing Form 10-IC within the prescribed time is directory in nature and cannot be used to deny a substantive statutory benefit. 6.3. This Tribunal is therefore unable to concur

OM SAWMI SMARAN DEVELOPERS P. LTD,MUMBAI vs. ITO 8(2)(4), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Ble

condonation of delay. Assessee filed an affidavit dated 21.02.2018 and submitted as under: - 2) “That I am working as a Junior Accountant in the Accounts Department of M/s. Om Swami Smaran Developers Private Limited. Whereas, Mr. Nilesh Mehta is my senior and he is designated as a Senior Accountant. 3) That in case of M/s. Om Swami Smaran Developers Private

OM SAWMI SMARAN DEVELOPERS P. LTD,MUMBAI vs. ITO 8(2)(4), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Ble

condonation of delay. Assessee filed an affidavit dated 21.02.2018 and submitted as under: - 2) “That I am working as a Junior Accountant in the Accounts Department of M/s. Om Swami Smaran Developers Private Limited. Whereas, Mr. Nilesh Mehta is my senior and he is designated as a Senior Accountant. 3) That in case of M/s. Om Swami Smaran Developers Private

MR GANESH ANANDRAO INGULKAR ,MUMABI vs. ASSTT.DIRECTOR OF INCOME TAX, CPC, MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman, Hon'Bleganesh Anandrao Ingulkar V. Assistant Director Of Income-Tax Centralized Processing Center B/502, Shivram Park Income Tax Department Opp. Ashok Kedare Chowk Bengaluru, Karnataka-560500 Tembipada Road, Bhandup (W) Mumbai - 400078 Pan: Aappi6881C (Appellant) (Respondent) Assessee Represented By : Shri Ketan Ved Department Represented By : Shri S.N. Kabra

27 May 2022 and hence an appeal ought to have been filed with the Income-tax Appellate Tribunal on or before 26 July 2022. 3. THAT the said Order dated 20 May 2022 was received in my junk mail and hence, I have inadvertently lost sight of the same. It was noticed by me only on 21 December

SHRI BHARAT NAVINCHANDRA GALA ,MUMBAI vs. ITO WARD 41(3)(1), MUMBAI

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

Bench: Smt. Beena Pillai ()

delay in filing of the appeal is condoned and the appeal is admitted. 3. Brief facts of the case are as under: The assessee is engaged in the business of builders and developers and is running his business under the name and style of his proprietary concern, M/s Arihant Builders & Developers. During the year under consideration, the assessee filed

NATIONAL WELFARE FOUNDATION ,MUMBAI vs. ITO EXEMPTION WARD 2(1), MUMBAI

In the result, Assessee’s appeal is allowed for statistical purposes

Bench: Shri Narender Kumar Choudhry & Shri Omkareshwar Chidaraassessment Year: 2011-12

Section 3 of the Limitation Act, (v) 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

DAMANI WELFARE AND CULTURAL ASSOCIATION,MUMBAI vs. INCOME TAX OFFICER, MUMBAI

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

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI OMKARESHWAR CHIDARA (Accountant Member)

condonation of delay in filing of form 10B stating as under:- “The assessee is the Section 8 Company having registered with ROC vide CIN no U85300MH2021NPL 354560 dated 04-02-2021 The company is having income tax registration as per new provision U/S 12AB of Income-tax vide Unique Reg. No AAICD2940FE20206 dated 27

CAPCO FINANCE AND INVESTMENT PRIVATE LIMITED,MUMBAI vs. ITO WARD 15 1 1 MUMBAI, MUMBAI

In the result appeal filed by the assessee stands allowed on\nthe legal issue raised in ground number 2(d)

condonation of delay in filing an\nappeal\n(a) On the facts and circumstances of the case an in law the Id. CIT(A)\nought to have considered that section 249(2) of The Income Tax Act,\n1961, mentions that the appeal may be admitted if there is a 'sufficient\ncause' in delay in filing an appeal and the lockdown

NEXGENIX (INDIA) P.LTD,MUMBAI vs. DCIT RG 8(2), MUMBAI

In the result, assessee’s appeals are allowed

Bench: Shri Saktijit Dey & Shr666666I N.K Pradhanm/S. Nexgenix (India) Pvt. Ltd. Unit No.149, Sdf–V, Seepz ……………. Appellant Andheri (E), Mumbai 400 096 Pan – Aabcn3687N V/S Dy. Commissioner Of Income Tax ……………. Respondent Range–8(2), Mumbai M/S. Nexgenix (India) Pvt. Ltd. Unit No.149, Sdf–V, Seepz ……………. Appellant Andheri (E), Mumbai 400 096 Pan – Aabcn3687N V/S Dy. Commissioner Of Income Tax ……………. Respondent Range–8(2), Mumbai M/S. Nexgenix (India) Pvt. Ltd. Unit No.149, Sdf–V, Seepz ……………. Appellant Andheri (E), Mumbai 400 096 Pan – Aabcn3687N V/S Dy. Commissioner Of Income Tax ……………. Respondent Range–8(2), Mumbai

condonation of delay only on the basis of quantum of delay involved in each appeal irrespective of the fact that the explanation of the assessee explaining the cause of delay remains the same in all these appeals. That being the case, in our view, the learned Commissioner (Appeals) was not justified in dismissing assessee’s appeal on the ground ofdelay

MOHANJI BHARAT WELFARE FOUNDATION,MUMBAI vs. CIT (EXEMPTION), MUMBAI

In the result, the appeal filed by the assessee is allowed for\nstatistical purposes in above terms

condoned.\n3. Further, Ld. CIT(E) vide impugned order dated 20.02.2025 has\ndismissed the application on the ground of delay as well as on the\nground that the objectives of the assessee as per clause 3(B)(2), 3(B)(13),\n3(B)(26), 3(B)(27) and 3(B)(31) are in violation of Section

LODHA DEVELOPERS LTD(FORMERLY KNOWN AS LODHA DEVELOPERS PRIVATE LIMITED),MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledy. Commissioner Of Income-Tax V. M/S. Palava Dwellers Pvt. Ltd., Central Circle – 7(3) 412, 71-G, Vardhman Chamber Room No. 655, 6Th Floor C.P. Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent) Lodha Developers Limited Dy. Commissioner Of Income-Tax V. {Since Merged M/S. Palava Dwellers Pvt. Ltd.,} Central Circle – 7(3) 412, 4Th Floor, 17G, Vardhman Chamber Room No. 655, 6Th Floor Cawasji Patel Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai - 400 001 Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent)

27. We observed that the Delhi Bench of the Tribunal in the case of ITO v. Mantangi Rubber Pvt. Ltd., in ITA.No. 4498/Del/2013 dated 29.05.2015 considered a situation where there was a delay of 46 minutes in uploading the e-return and the Tribunal condoned the delay observing as under: - 28 ITA No. 2147 & 2348/MUM/2018 (A.Y: 2014-15) Lodha Developers

DCIT CENT. CIR. -7(3), MUMBAI vs. PALAVA DWELLERS PVT. LTD. , MUMBAI

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledy. Commissioner Of Income-Tax V. M/S. Palava Dwellers Pvt. Ltd., Central Circle – 7(3) 412, 71-G, Vardhman Chamber Room No. 655, 6Th Floor C.P. Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent) Lodha Developers Limited Dy. Commissioner Of Income-Tax V. {Since Merged M/S. Palava Dwellers Pvt. Ltd.,} Central Circle – 7(3) 412, 4Th Floor, 17G, Vardhman Chamber Room No. 655, 6Th Floor Cawasji Patel Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai - 400 001 Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent)

27. We observed that the Delhi Bench of the Tribunal in the case of ITO v. Mantangi Rubber Pvt. Ltd., in ITA.No. 4498/Del/2013 dated 29.05.2015 considered a situation where there was a delay of 46 minutes in uploading the e-return and the Tribunal condoned the delay observing as under: - 28 ITA No. 2147 & 2348/MUM/2018 (A.Y: 2014-15) Lodha Developers

STATE BANK OF INDIA-RBO II THANE WESTERN BRANCH,MUMBAI vs. ACIT-TDS-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

section assessee to file the said certificate under first prov assessee to file the said certificate under first prov 201(1) of the Act before the Ld. CIT(A) 201(1) of the Act before the Ld. CIT(A), which will be considered by which will be considered by the Ld CIT(A) in accordance with law. in accordance with

STATE BANK OF INDIA,MUMBAI vs. ACIT-TDS-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

section assessee to file the said certificate under first prov assessee to file the said certificate under first prov 201(1) of the Act before the Ld. CIT(A) 201(1) of the Act before the Ld. CIT(A), which will be considered by which will be considered by the Ld CIT(A) in accordance with law. in accordance with

STATE BANK OF INDIA- NRI BRANCH,MUMBAI vs. ACIT-TDS-2(2), MUMBAI

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

section assessee to file the said certificate under first prov assessee to file the said certificate under first prov 201(1) of the Act before the Ld. CIT(A) 201(1) of the Act before the Ld. CIT(A), which will be considered by which will be considered by the Ld CIT(A) in accordance with law. in accordance with

STATE BANK OF INDIA,MUM vs. ACIT-TDS-2(2), MUM

In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for In the result, all the appeals of the assessee are allowed for statisti...

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3111& 3112/Mum/2022 Assessment Years: 2012-13& 2013-14 State Bank Of India Hrms Acit (Tds) Rg-2(2), Department, Peddar Road, Vs. 4Th Floor, Cidco Tower No. 7, Mumbai-400014. Belapur Railway Station Complex-400614. Tan No. Mums 63193 E Appellant Respondent Assessee By : Mr. Anand Desai & Mr. Sachin Lopes, Ar Revenue By : Mr. Paresh Deshpande, Dr

section assessee to file the said certificate under first prov assessee to file the said certificate under first prov 201(1) of the Act before the Ld. CIT(A) 201(1) of the Act before the Ld. CIT(A), which will be considered by which will be considered by the Ld CIT(A) in accordance with law. in accordance with