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14 results for “condonation of delay”+ Section 145clear

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Key Topics

Section 25016Addition to Income13Condonation of Delay10Section 69A8Limitation/Time-bar7Section 1446Section 1486Section 143(2)5Section 145(3)

THE SAMASTIPUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD.,SAMASTIPUR vs. DEPUTY COMMISSIONER, DARBHANGA

In the result, appeal of the assessee is dismissed

ITA 508/PAT/2025[2014-15]Status: DisposedITAT Patna04 Feb 2026AY 2014-15

Bench: the Ld. CIT(A). The Ld. CIT(A) provided various opportunities to the assessee as per para 4 of his order, 7 times opportunities were provided but the assessee did not respond any of the notices. Thereafter, the Ld. CIT(A) after relying on various judgments decided the issue on 10.12.2022 on the basis of material available on record and upheld the order of the AO. 4. Aggrieved from the above order, the assessee filed appeal before the

For Respondent: Sh. Manab Adak, JCIT
Section 143(2)Section 144Section 250

145/-. The case was selected for compulsory scrutiny and notice u/s 143(2) was issued and subsequently, other notices were issued to the assessee. The assessee did not file its audit report as requested by the AO, the AO provided various opportunities to the assessee but there was no response, therefore, the AO was bound to complete assessment

5
Section 143(3)5
Disallowance5
Section 142(1)4

ITO, WARD-2(1), BEGUSARAI, BEGUSARAI vs. MANISH KUMAR MOTANI, KHAGARIA, BIHAR

In the result, the appeal of the Revenue and CO of the Assessee are dismissed

ITA 442/PAT/2024[2017-18]Status: DisposedITAT Patna26 Feb 2026AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am Ito, Ward 2(1), Begusarai Manish Kumar Motani, 3Rd Floor, G.S. Motors Building, Manish Kumar Motani, Hanuman Har Har Mahadev Chauk, Traders, Mill Road, Khagaria, Vs. Begusarai-851101, Begusarai, Khagaria, Bihari-851204 Bihar-851101 (Appellant) (Respondent) Pan No. Ajjpm4263D Co No. 02/Pat/2025 (Arising In Ita No. 442/Pat/2024 For A.Y. 2017-18) Ito, Ward 2(1), Begusarai Manish Kumar Motani, 3Rd Floor, G.S. Motors Building, Manish Kumar Motani, Hanuman Har Har Mahadev Chauk, Traders, Mill Road, Khagaria, Vs. Begusarai-851101, Begusarai, Khagaria, Bihari-851204 Bihar-851101 (Applicant) (Respondent) Assessee By : S/Shri A.K. Rastogi, S.K. Duta, Ars Revenue By : Shri A.H. Chowdhary, Dr Date Of Hearing: 24.11.2025 Date Of Pronouncement: 26.02.2026

For Appellant: S/Shri A.K. RastogiFor Respondent: Shri A.H. Chowdhary, DR
Section 133ASection 40A(3)

condone the delay and admit the cross objection for adjudication. 4. The only issue raised by the Revenue in the various grounds of appeal is against the order of learned CIT (A) deleting the addition made by the learned Assessing Officer of ₹8,02,45,293/-, which was in violation to the Provisions of Section 40A(3) of the Income

PAWAN KUMAR, PROP. LIFE LINE RICE MILLS ,BEGUSARAI vs. ACIT, CIRCLE-2(1), , BEGUSARAI

In the result, these two appeals filed by the assessee are allowed for\nstatistical purposes

ITA 14/PAT/2022[2012-13]Status: DisposedITAT Patna01 Jan 2025AY 2012-13
Section 144Section 145Section 148Section 250

condoned the delay in filing the appeals. Considering the interest of justice, the assessee was given another chance to present their case before the Ld. AO for fresh assessment.", "result": "Allowed", "sections": [ "250", "148", "144", "145

JCIT(IN-SITU), CIRCLE-1, PATNA, PATNA vs. TECHNOCULTURE BUILDING CENTRE PRIVATE LIMITED, PATNA

In the result, appeal of the Revenue is allowed for statistical purposes\nand Cross Objection filed by the assessee is dismissed

ITA 41/PAT/2025[2020-21]Status: DisposedITAT Patna03 Jun 2025AY 2020-21
Section 142(1)Section 250Section 36(1)(va)

condoning the delay. Since\nboth the appeals have inter-connected issues hence, they are being heard\ntogether for simultaneous adjudication.\n\n2. These appeals arise from the order u/s 250 of the Income Tax Act,\n1961 (hereafter “the Act”), passed by the Ld. Commissioner of Income Tax\n(Appeals), National Faceless Appeal Centre (NFAC), Delhi vide order dated\n12.12.2024

MANOJ KUMAR YADAV,SIWAN vs. ITO, WARD-2(3), SIWAN

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

ITA 439/PAT/2024[2017-18]Status: DisposedITAT Patna06 Mar 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 250

condone the delay and admit the appeal for adjudication on merits. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. For that the grounds of appeal hereto are without prejudice to each other. 2. For that in the facts and circumstances of the case the learned CIT(A) has erred in calculation

CHINMASTIKA SIDHARTHA(JV),PATNA vs. CIT(A), PATNA

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

ITA 657/PAT/2024[2015-16]Status: DisposedITAT Patna25 Aug 2025AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz)

Section 143(1)Section 143(2)Section 145(3)

delay is condoned. 4. Brief facts of the case are that the assessee derives income from contract work. The appellant-assessee is a joint venture of Chinamastika Construction and Developers Pvt. Limited (mentioned as 1st party) and Siddharth Construction & Trading Pvt. Ltd. (mentioned as 2nd party) The assessee filed its return of income on 19.01.2016 showing total income

PRABHAT KUMAR,PATNA vs. ACIT, CIRCLE-4, PATNA

Appeal is allowed\nfor statistical purposes

ITA 283/PAT/2024[2017-18]Status: DisposedITAT Patna04 Feb 2025AY 2017-18
Section 143(3)Section 250

sections": [ "Sec 143(3)", "Sec 250", "Sec 46A", "Sec 270A", "Sec 145(3)" ], "issues": "Whether the ITAT can remand the matter to the CIT(A) for fresh adjudication due to new evidence presented by the assessee, and if the delay in filing the appeal should be condoned

MADHURI DEVI,SAHARSA vs. ITO WARD- 3 (4), SAHARSA

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

ITA 238/PAT/2024[2017-18]Status: DisposedITAT Patna19 Feb 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 142(1)Section 143(2)Section 144Section 145(3)Section 148Section 250Section 69A

condone the delay and admit the appeal for adjudication on merits. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. For that, The Learned Assessing Officer, being ITO, Ward-3(4), Saharsa (Here in after called the "AO") has erred in Assessing the appellant on a total Income of Rs 7001665/- as against

PAWAN KUMAR, PROP. LIFE LINE RICE MILLS ,BEGUSARAI vs. ACIT, CIRCLE-2(1), , BEGUSARAI

In the result, these two appeals filed by the assessee are allowed for\nstatistical purposes

ITA 15/PAT/2022[2013-14]Status: DisposedITAT Patna01 Jan 2025AY 2013-14
Section 144Section 145Section 148Section 250

condonation of the said delay.\n2.0 The present appeals arise from the order u/s 250 of the Income Tax\nAct, 1961 (hereafter ‘the Act’) passed by Ld. Commissioner of Income Tax\n(Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereafter ‘the\nLd. CIT(A)] dated 29.12.2021 (AY 2012-13) and 19.12.2021 (AY 2013-14).\n2.1 Aggrieved with the action

RANI DEVI,PATNA vs. INCOME TAX OFFICER, PATNA

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

ITA 308/PAT/2025[2017-18]Status: DisposedITAT Patna25 Nov 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 145(3)Section 250Section 44ASection 69ASection 80C

145(3) of the Act. By accepting the sales/turnover mentioned in the audit report, the assessment order was erroneous in as much as the books of account, such as audit report, being partly accepted and the expenditure portion being completely disallowed. 5. For that net profit cannot be estimated by applying a flat rate without rejecting the books of account

MANOJ KUMAR,AURANGABAD vs. ITO WARD-3(3), AURANGABAD, GAYA

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

ITA 75/PAT/2025[2021-22]Status: HeardITAT Patna05 Aug 2025AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.75/Pat/2025 Assessment Year: 2021-22 Manoj Kumar……………………….....…..…………………....Appellant Chawal Bazar, Main Road, Daudnagar, Aurangabad, Bihar-824143. [Pan: Andpk2914K] Vs. Ito, Ward-3(3), Aurangabad……….…............................…..…..... Respondent Appearances By: Shri Devesh Poddar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 24, 2025 Date Of Pronouncing The Order : August 5, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre ["Cit(A)"] For The Assessment Year 2021-21. 2. At The Outset, It Is Noted That There Is A Delay Of 145 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. The Assessee Filed Its Return Of Income For The Assessment Year 2021–22 Declaring Total Income Of ₹ 5,54,350. The Return Was Selected For Scrutiny & Notices Under Section 143(2) & Section 142(1) Of The

Section 142(1)Section 143(2)Section 143(3)Section 144BSection 69A

145 days in filing the present appeal before the Tribunal. The assessee has filed a condonation petition explaining the reasons or such delay. After considering the submissions and materials on record, we are satisfied that there was reasonable cause for the delay in filing the appeal. Accordingly, the said delay is condoned, and the appeal is admitted for adjudication

ITO, WARD-3(1), GAYA vs. SHRI GAURI TEXTILES INDUSTRIES, GAYA

In the result, the appeal filed by the revenue is dismissed and corresponding cross-objection filed by the assessee is allowed

ITA 118/PAT/2020[2017-18]Status: DisposedITAT Patna18 Mar 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.118/Pat/2020 Assessment Year: 2017-18 Ito, Ward-3(1), Gaya…………….………………………………….…..……Appellant Vs. Shri Gauri Textile Industries, Gaya…………...........……........……...…..…..Respondent Buniadgaj Manpur, Gaya, Bihar-823003. [Pan: Aalfs4803J] C.O. No.5/Pat/2021 (Arising Out Of I.T.A. No.118/Pat/2020) Assessment Year: 2017-18 Shri Gauri Textile Industries, Gaya ……………….………………..….…..Cross-Objector Buniadgaj Manpur, Gaya, Bihar-823003. [Pan: Aalfs4803J] Vs. Ito, Ward-3(1), Gaya………….................................……........……....…..…..Respondent Appearances By: Shri Manish Rastogi, Advocate, Appeared On Behalf Of The Assessee. Shri Ashok Kumar, Cit, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : January 30, 2025 Date Of Pronouncing The Order : March 18, 2025 Order Per Sonjoy Sarma: The Revenue Has Filed An Appeal Against The Order Dated 31.08.2020 By The Commissioner Of Income Tax (Appeals)-1, Patna [Hereinafter Referred To As The ‘Cit(A)’] & The Assessee Has Filed The Corresponding Cross-Objection Relating To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That A Survey Was Conducted On 07.02.2017 In The Case Of The Assessee, A Partnership Firm Engaged In Trading Business Of Cotton Yarn & Hosiery Yarn. During The Survey, It Was Observed That The Assessee Has Made Substantial Deposits In Various Bank Accounts Linked With The Firm. However, The Assessee Disclosed

Section 143(2)

section 145(3) of the Act. Since, GP enhancement of the Assessing Officer is based solely on conjecture, without any supporting evidence, the Tribunal finds that the ld. CIT(A) has rightly deleted the GP 6 I.T.A. No.118/Pat/2020 & C.O. No.5/Pat/2021 Assessment Year: 2017-18 Shri Gauri Textile Industries, Gaya addition of Rs.17,27,924/- in the hands of the assessee

RAVI LOCHAN SINGH,PATNA vs. ACIT, CIRCLE-5, PATNA

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

ITA 124/PAT/2020[2011-12]Status: DisposedITAT Patna08 Jan 2025AY 2011-12

Bench: SHRI DUVVURU RL REDDY, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

Section 250Section 32Section 32(1)

delay is hereby condoned and the matter is admitted for adjudication. 2. It is noticed that this is an appeal filed on 31.12.2020 and has gone through 10 days of hearing beginning from 02.11.2022 to the last one being on 01.01.2025. It is seen that either adjournments have been taken by the Ld. AR or none have attended on certain

REHAN ALAM,ARARIA vs. ITO WARD 3(1), PURNEA, PURNEA

Appeal of the assessee is allowed for statistical purposes

ITA 621/PAT/2024[2017-18]Status: DisposedITAT Patna03 Jun 2025AY 2017-18

Bench: Honourable Itat Was To Be Filed By 27/08/2024. 04. That Deponent Was Served With The Cit(A) Order U/S 250 Dated 28.06.2024 Electronically On Income Tax Portal. No Email Or Physical Communication Was Made Regarding The Said Order Which Would Have Alerted The Deponent To React In A Timely Manner. The Deponent Could Not Check The Income Tax Portal On Time As He Was Not Aware That Such A Notice Has Been Issued. Only Upon Late Learning Of The Matter, The Deponent Sought Legal Counsel On 24.10.2024 & The Time Lapsed In Gathering Of Material Information & Preparation Of The Memorandum Of Appeal Caused Further Delay. 05. That The Deponent Will File The Appeal Manually On Itat Office At Patna.

Section 145(3)Section 250Section 253(5)

Section 253(5) of the Income Tax Act, 1961 has been filed along-with memorandum of appeal. 07. That delay in filing the appeal is because of electronic service of order for which no intimation/alert message was received by the deponent that could have enabled him to react sooner coupled with delay in seeking legal counsel and drafting of grounds