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2 results for “condonation of delay”+ Section 206clear

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Key Topics

Section 246A4Section 1473Section 143(1)2Section 143(3)2Section 1482Natural Justice2

V S DEMPO HOLDINGS PRIVATE LIMITED,PANAJI-GOA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE ONE

ITA 146/PAN/2025[2019-20]Status: DisposedITAT Panaji13 Aug 2025AY 2019-20

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 146/Pan/2025 Assessment Year : 2019-20 V. S. Dempo Holdings Pvt. Ltd. Dempo House, Campal, Panaji, Goa-403001. Pan : Aaace4220P . . . . . . . Appellant V/S Asstt. Commissioner Of Income Tax, Circle-1(1), Panaji, Goa. . . . . . . . Respondent Appearances Assessee By : Mr Rohan Deshpande [‘Ld. Ar’] Revenue By : Capt. Pradeep Arya [‘Ld. Dr’] Date Of Conclusive Hearing : 12/08/2025 Date Of Pronouncement : 13/08/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Apl/S/250/2024-25/1074798262(1) Dt. 21/03/2025 Passed By Addl./Jt. Commissioner Of Income Tax Appeals-1, Hyderabad, [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income- Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Dt. 25/10/2020 Passed U/S 143(1) Of The Act By The Central Processing Centre, Bengaluru [‘Ld. Cpc’ Hereinafter] Anent To Assessment Year 2019-20 [‘Ay’ Hereinafter].

For Appellant: Mr Rohan Deshpande [‘Ld. AR’]For Respondent: Capt. Pradeep Arya [‘Ld. DR’]
Section 143(1)Section 246ASection 249Section 250

206 days. However losing sight to the said extension granted by the Hon’ble Apex Court (supra) the Ld. NFAC computed the delay as 757 days. The erroneous computation of delay being substantial, inordinate and coupled with absence of petition/affidavit explaining sufficient reasons behind such inordinate delay persuaded the Ld. NFAC to dismiss the appeal in limine on the ground

M/S SANKAMTAL HOTEL PRIVATE LTD.,BELAGAVI vs. THE ASST. COMMISSIONER OF INCOME TAX CIRCLE - 2 (1), BELAGAVI

In the result, the appeal of the assessee is allowed

ITA 191/PAN/2018[2008-09]Status: DisposedITAT Panaji30 Aug 2022AY 2008-09

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawalassessment Year: 2008-09 M/S Sankamtal Hotel Acit, Circle-1, Pvt. Ltd. Belagavi S. Parthasarathi, Advocate, 3/1, Pranava Vs. Complex, 5Th Cross, Malleswaram, Bangalore- 560 003. Pan: Aadcs 5106 P (Appellant) (Respondent) Present For: Appellant By : Smt. Pratibha R., Advocate Respondent By : Shri Mayur Kamble, Sr. Dr Date Of Hearing : 14.06.2022 Date Of Pronouncement : 30.08.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Ld. Cit(A), -Belagavi In Ita No.51/Bgm/2016-17 Dated 25.02.2018 Against The Assessment Order Passed By Acit, Circle-2(1), Belagavi U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 14.03.2016 For A.Y. 2008-09. 2. There Is A Delay Of Five Days In Filing The Present Appeal For Which The Petition For Condonation Of Delay & Affidavit Are Placed On Record. From The Affidavit, We Note That The Assessee Was Out Of Station When The Appeal Memo Was Sent To Him By The Counsel For Its Signature & Therefore A Short Delay Of 5 Days Occurred. Considering The Petition & In The Interest Of Justice & Fair Play, We Find It Proper To Admit The Appeal & Proceed To Adjudicate Thereon.

For Appellant: Smt. Pratibha R., AdvocateFor Respondent: Shri Mayur Kamble, Sr. DR
Section 143(3)Section 147Section 148Section 31

condonation of delay and affidavit are placed on record. From the Affidavit, we note that the assessee was out of station when the appeal memo was sent to him by the Counsel for its signature and therefore a short delay of 5 days occurred. Considering the petition and in the interest of justice and fair play, we find it proper