NAUSHAD ALI ABDUL HAQ SHAIKH,MUMBAI vs. INCOME TAX OFFICER 42(2)(4), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

Section 5. The Hon'ble SC in the case of Shiv Dass v. Union of India (UOI) and The Hon'ble SC in the case of Shiv Dass v. Union of India (UOI) and The Hon'ble SC in the case of Shiv Dass v. Union of India (UOI) and Ors., AIR 2007 SC 1330 held that the High Courts

NAUSHAD ALI ABDUL HAQ SHAIK,MUMBAI vs. INCOME TAX OFFICER 42(2)(4), MUMBAI

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

Section 5. The Hon'ble SC in the case of Shiv Dass v. Union of India (UOI) and The Hon'ble SC in the case of Shiv Dass v. Union of India (UOI) and The Hon'ble SC in the case of Shiv Dass v. Union of India (UOI) and Ors., AIR 2007 SC 1330 held that the High Courts

THE SONMRUG CO-OPERATIVE HSG SOCIETY LIMITED,PEDDER ROAD vs. CIT(APPEAL), MUMBAI

In the result the appeal is dismissed in limine

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Prabhash Shankarwith With With Sonmrug Co-Operative Vs. Cit(A) Housing Society Ltd Kautilya Bhavan 62Cc Sunita Apartment Mumbai, Pedder Road, Behind Mount Mumbai - 400012 Unique, Mumbai - 400036 Pan/Gir No. Aabat0916G (Applicant) (Respondent) Assessee By Shri Pawan Choudhary Revenue By Shri Harendra Verma, Sr. Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 19.02.2026 आदेश / Order Per Sandeep Gosain, Jm: Firstly, We Shall Take Ita No. 2794/Mum/2025, A.Y 2012-13 As Lead Case & Facts Narrated Therein.

274 is relevant, which reads as under "Where the legislature spells out a period of limitation and provides for power to condone the delay as well, then such delay can be condoned only for sufficient and good reasons supported by cogent and proper evidence. Now, it is a settled principle of law that hat the the provisio provisions relating

THE SONMRUG CO-OPERATIVE HSG SOCIETY LIMITED,PEDDER ROAD vs. CIT(APPEAL), MUMBAI

In the result the appeal is dismissed in limine

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Prabhash Shankarwith With With Sonmrug Co-Operative Vs. Cit(A) Housing Society Ltd Kautilya Bhavan 62Cc Sunita Apartment Mumbai, Pedder Road, Behind Mount Mumbai - 400012 Unique, Mumbai - 400036 Pan/Gir No. Aabat0916G (Applicant) (Respondent) Assessee By Shri Pawan Choudhary Revenue By Shri Harendra Verma, Sr. Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 19.02.2026 आदेश / Order Per Sandeep Gosain, Jm: Firstly, We Shall Take Ita No. 2794/Mum/2025, A.Y 2012-13 As Lead Case & Facts Narrated Therein.

274 is relevant, which reads as under "Where the legislature spells out a period of limitation and provides for power to condone the delay as well, then such delay can be condoned only for sufficient and good reasons supported by cogent and proper evidence. Now, it is a settled principle of law that hat the the provisio provisions relating

SONMRUG CO-OPERATIVE HOUSING SOCIETY LTD,PEDDER ROAD vs. CIT(APPEAL), MUMBAI

In the result the appeal is dismissed in limine

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Prabhash Shankarwith With With Sonmrug Co-Operative Vs. Cit(A) Housing Society Ltd Kautilya Bhavan 62Cc Sunita Apartment Mumbai, Pedder Road, Behind Mount Mumbai - 400012 Unique, Mumbai - 400036 Pan/Gir No. Aabat0916G (Applicant) (Respondent) Assessee By Shri Pawan Choudhary Revenue By Shri Harendra Verma, Sr. Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 19.02.2026 आदेश / Order Per Sandeep Gosain, Jm: Firstly, We Shall Take Ita No. 2794/Mum/2025, A.Y 2012-13 As Lead Case & Facts Narrated Therein.

274 is relevant, which reads as under "Where the legislature spells out a period of limitation and provides for power to condone the delay as well, then such delay can be condoned only for sufficient and good reasons supported by cogent and proper evidence. Now, it is a settled principle of law that hat the the provisio provisions relating

RELIANCE INDUSTRIES LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX LARGE TAXPAYER UNIT, MUMBAI

Bench: Shri B.R.Baskaran & Shri Sandeep Gosainreliance Industries Ltd. Maker Chambers, Iv, 3Rd Floor, 222,Nariman Point, ……………. Appellant Mumbai-400021 Pan-Aaacr5055K V/S

condone the delay, if a litigant satisfies the Courts that there was sufficient reason for availing the remedy after the expiry of limitation. Such reasoning 10 ITA no.5073/Mum./2017 Reliance Industries Limited should be to the satisfaction of the Court. The expression “sufficient cause or reasons” as provided in sub-section (5) of section 253 of the Act is used

CHIRAGKUMAR RAJENDRABHAI SHAH,MUMBAI vs. ITO WARD 30(1)(2), MUMBAI

In the result, ITA No. 7130/M/2025 is allowed

Bench: Shri Narender Kumar Choudhry & Shri Jagadish

delay is condoned. 4. Coming to ITA No. 7130/M/2025, we observe that the Assessing Officer, vide assessment order dated 30.03.2014, ultimately made an addition of Rs.8,23,49,198/- as unexplained expenditure under section 69C of the Act and added the same to the total income of the Assessee. The Assessing Officer simultaneously also initiated penalty proceedings for concealment

CHIRAGKUMAR RAJENDRABHAI SHAH,MUMBAI vs. ITO WARD 30(1)(2), MUMBAI

In the result, ITA No. 7130/M/2025 is allowed

Bench: Shri Narender Kumar Choudhry & Shri Jagadish

delay is condoned. 4. Coming to ITA No. 7130/M/2025, we observe that the Assessing Officer, vide assessment order dated 30.03.2014, ultimately made an addition of Rs.8,23,49,198/- as unexplained expenditure under section 69C of the Act and added the same to the total income of the Assessee. The Assessing Officer simultaneously also initiated penalty proceedings for concealment

CHIRAGKUMAR RAJENDRABHAI SHAH,MUMBAI vs. INCOME TAX OFFICER, MUMBAI

In the result, ITA No. 7130/M/2025 is allowed

Bench: Shri Narender Kumar Choudhry & Shri Jagadish

delay is condoned. 4. Coming to ITA No. 7130/M/2025, we observe that the Assessing Officer, vide assessment order dated 30.03.2014, ultimately made an addition of Rs.8,23,49,198/- as unexplained expenditure under section 69C of the Act and added the same to the total income of the Assessee. The Assessing Officer simultaneously also initiated penalty proceedings for concealment

DCIT CENTRAL-CIRCLE-2(4), MUMBAI vs. KEYSTONE REALTORS PRIVATE LIMITED, MUMBAI

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

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

condone the delay and admit the cross objection to decide the issues on merit. 5. The facts in brief are that during the course of assessment, the Assessing Officer noticed that assessee has claimed dividend income of Rs.20,19,580/- as exempt income. On query, the assessee explained that it has suo motu disallowed an amount of Rs.2,501/- under

JT.COMMISSIONER OF INCOME TAX (OSD) - CENTRAL CIRCLE 2(4), MUMBAI vs. M/S KEYSTONE REALTORS PRIVATE LIMITED, MUMBAI

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

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

condone the delay and admit the cross objection to decide the issues on merit. 5. The facts in brief are that during the course of assessment, the Assessing Officer noticed that assessee has claimed dividend income of Rs.20,19,580/- as exempt income. On query, the assessee explained that it has suo motu disallowed an amount of Rs.2,501/- under

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

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

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

condone the delay and admit the cross objection to decide the issues on merit. 5. The facts in brief are that during the course of assessment, the Assessing Officer noticed that assessee has claimed dividend income of Rs.20,19,580/- as exempt income. On query, the assessee explained that it has suo motu disallowed an amount of Rs.2,501/- under

KEYSTONE REALTORS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 2(4), MUMBAI

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

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

condone the delay and admit the cross objection to decide the issues on merit. 5. The facts in brief are that during the course of assessment, the Assessing Officer noticed that assessee has claimed dividend income of Rs.20,19,580/- as exempt income. On query, the assessee explained that it has suo motu disallowed an amount of Rs.2,501/- under

ANISH METALS P.LTD,MUMBAI vs. DCIT 4(1), MUMBAI

Bench: Hon‟Ble Sh. Sandeep Gosain, Jm & Hon‟Ble Sh. G. Manjunatha, Am

condone the delay, if a litigant satisfies the Courts that there was sufficient reason for availing the remedy after the expiry of limitation. Such reasoning should be to the satisfaction of the Court. The expression “sufficient cause or reasons” as provided in sub-section (5) of section 253 of the Act is used in identical position in the Limitation

VIJAY MORU MHATRE,PANVEL vs. INCOME TAX DEPARTMENT, THANE

In the result the appeal of the assessee is allowed

Bench: Shri Narender Kumar Choudhry & Shri Amarjit Singhvijay Moru Mhatre, Vs. Acit, Cc-1 Plot No. 08, 1St Floor 6Th Floor Room No. 10, Mcch Society, Panvel Road No. 16-Z, Ashar It Maharashtra – 410206 Park, Wagle Industrial Estate, Thane (W) स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aehpm8104Q Appellant .. Respondent Appellant By : Khushiram Jadhawani Respondent By : Usha Gaikwad Date Of Hearing 13.12.2023 Date Of Pronouncement 19.12.2023

section 274 r.w.s. 271, has not specifically mentioned the charge brought against the appellants that is, whether it is for furnishing inaccurate particulars of income or for concealment of particulars of income (photo copy of notice enclosed as Exhibit A). It is also evident that the Assessing Officer has not even tick-marked the limb/ charge for which he initiated

SHRI BHANWARLAL M. HARSH,THANE vs. DY CIT CC-3(3), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Amarjit Singhshri Bhanwarlal M Shah Vs. Dcit, Central Circle 3(3) A/2, 406, Runwal Plaza, Air India Building Nr. Koresh India Vartak Nariman Point, Nagar, Thane (West) Mumbai - 400021 400606 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aacph5666F Appellant .. Respondent

condone the delay in filing the appeal. 2. Fact in brief is that assessment u/s 143(3) of the Act r.w.s 153A of the Act was passed on 29.01.2014. During the course of assessment the A.O made addition on account of commission income of Rs.5,19,33,700/-, disallowance on account of differences as per 26AS of ITA No.538/Mum/2021 A.Y.2011-12

JANSEVA MAJOOR SAHAKARI SANSHTHA MARYADIT,MAHIM vs. ITO 22(1)(6), LOWER PAREL, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2011-12

delay in filing the appeal is accordingly condoned and appeal is admitted for adjudication. 6. We have heard rival submissions of the parties in the grounds raised in the appeal. With reference to ground No. 1 of the appeal, the Ld. counsel for the assessee submitted that the Assessing Officer has not stricken off the relevant limb of the penalty

DCIT(IT)-2(1)(1),, MUMBAI vs. CLSA LTD.,, MUMBAI

In the result, the Cross Objections filed by the assessee for both the A

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant (Accoutant Member)

section 274 or under the assessment order. Therefore, the penalty proceedings were void-ab-initio.” 3. At the outset attention of the ld. Counsel of the assessee was drawn to the delay of 523 days pointed out by the registry in filing the C.Os. The ld. Counsel of the assessee submitted that in these cases, copy of Form