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61 results for “condonation of delay”+ Section 249(4)(a)clear

Sorted by relevance

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Key Topics

Section 234E33Section 25032Addition to Income32Section 270A31Limitation/Time-bar24Section 14422Penalty22Section 143(3)21Section 148

APAASSO MALI,PUNE vs. ITO 11(1), SWARGATE

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

ITA 1110/PUN/2025[2018-19]Status: DisposedITAT Pune28 Nov 2025AY 2018-19

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Suhas KulkarniFor Respondent: Shri A D Kulkarni
Section 142(1)Section 144Section 147Section 147rSection 148Section 249Section 249(2)

249(2) of the Income Tax Act, 1961r.w.s.5 of Limitation Act and hence the appeal sought to be instituted belatedly is hereby rejected. 8. In the result, as delay in filing of appeal is not condoned, the appeal is not admitted and is rejected accordingly.” 4. Dissatisfied, the assessee is in appeal before the Tribunal raising the following grounds

Showing 1–20 of 61 · Page 1 of 4

21
Section 143(1)20
Section 14720
Condonation of Delay16

PRASANNA SADASHIV SHETE,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-10, PUNE

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

ITA 2761/PUN/2024[2012-13]Status: DisposedITAT Pune29 May 2025AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2012-13 Prasanna Sadashiv Shete Dcit, Circle 10, Pune 56/8, D-Ii, Midc Shete Industries, Vs. Chinchwad, Pune – 411019 Pan: Adbps4462Q (Appellant) (Respondent) Assessee By : Shri Suhas Bora Department By : Shri Arvind Desai, Addl Cit Dr Date Of Hearing : 27-03-2025 Date Of Pronouncement : 29-05-2025 O R D E R

For Appellant: Shri Suhas BoraFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 143(2)Section 143(3)Section 14ASection 249(3)

Section 249(3) which states 3 "The Commissioner (Appeals) may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period.” 4.2.2 For condonation of delay u/s 249(3) of the Act, the assessee has to satisfy the Commissioner (Appeals) by explaining the sufficient

KOLHAPUR ZILLA KRISHI KARMACHARI SAHAKARI SANSTHA MARYADIT,PUNE vs. ITO WARD 2(1) , KOLHAPUR

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

ITA 1763/PUN/2024[2018-19]Status: DisposedITAT Pune20 Mar 2025AY 2018-19

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Sarang GudhateFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 249Section 270ASection 80P

4. Aggrieved, the assessee filed appeal before the Ld. CIT(A). The appeal was filed with a delay of 223 days. The assessee filed an application for condonation of the said delay but without any affidavit in support thereof. The assessee stated in Form 35 that the affidavit for condonation will be submitted at the time of hearing

SMT. MANGLA RAMNIWAS MANDHANI ABMM AWAS YOJNA FOUNDATION,JALNA vs. CIT ( EXEMPTION ), EXEMPTION

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

ITA 236/PUN/2024[N A]Status: DisposedITAT Pune16 May 2024

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपील सं. / Ita No.236/Pun/2024 (E-Appeal)

For Appellant: Shri Anand Partani &For Respondent: Shri Keyur Patel
Section 10Section 80GSection 80G(5)Section 80G(5)(vi)

249 and section 254 of the Act shows that the Legislature had consciously excluded the power of Tribunal to condone the delay in relation to the provisions of section 80G(5)of the Act. In this connection, we would like reference to the order of the Hon’ble Supreme Court in the case of Nityananda M. Joshi vs. Life Insurance

KOLHAPUR MAHILA SAHAKARI BANK LIMITED,KOLHAPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLHAPUR

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

ITA 2778/PUN/2024[2017-18]Status: DisposedITAT Pune26 Nov 2025AY 2017-18

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Ramnath P. Murkunde
Section 143(1)Section 143(2)Section 143(3)Section 249(2)Section 36(1)(viia)

condone the said delay and dismissed the appeal observing the delay to be inordinate and that the reasons cited by the assessee do not constitute the „sufficient cause‟ for not presenting the appeal in time. The relevant findings and observations of the Ld. CIT(A)/NFAC are as under : “4. Appellate decision: Notice was issued on 01.02.2021 fixing the appeal

SHAILA OMPRAKASH JETHALE,PUNE vs. CIT(A), NFAC, DELHI

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 1365/PUN/2025[2018-19]Status: DisposedITAT Pune27 Oct 2025AY 2018-19

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1364 & 1365/Pun/2025 Assessment Year : 2018-19

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Bharat Andhale
Section 133(6)Section 138Section 142(1)Section 143(1)Section 143(3)Section 250Section 271ASection 69A

Section 249(3) of the Act.” 7.1 However, in the case of assessee, eventhough the reasons for delay in filing the appeal are similar, ld.CIT(A) has blatantly refused to condone the delay. We therefore considering the ‘reasonable cause’ on the part of assessee in not filing the appeal within the stipulated time, condone the delay before ld.CIT(A). Further

SHAILA OMPRAKASH JETHALE,PUNE vs. CIT(A), NFAC, DELHI

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 1364/PUN/2025[2018-19]Status: DisposedITAT Pune27 Oct 2025AY 2018-19

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1364 & 1365/Pun/2025 Assessment Year : 2018-19

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Bharat Andhale
Section 133(6)Section 138Section 142(1)Section 143(1)Section 143(3)Section 250Section 271ASection 69A

Section 249(3) of the Act.” 7.1 However, in the case of assessee, eventhough the reasons for delay in filing the appeal are similar, ld.CIT(A) has blatantly refused to condone the delay. We therefore considering the ‘reasonable cause’ on the part of assessee in not filing the appeal within the stipulated time, condone the delay before ld.CIT(A). Further

MAHRATTA CHAMBER OF COMMERCE, INDUSTRIES AND AGRICULTURE,PUNE vs. CIT(A), NFAC, DELHI, DELHI

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

ITA 347/PUN/2025[2021-22]Status: DisposedITAT Pune21 Jan 2026AY 2021-22

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Amol Khairnar
Section 11Section 12Section 143(2)Section 144Section 25Section 270A

delay in filing the appeal does not merit condonation and the appeal is treated to be filed late with reference to the provisions of section 249(3) of the Act. The same is accordingly dismissed without going into the merits of the case.” 5 ITA No.347/PUN/2025, AY 2021-22 4

SHIVRATAN MOTILALJI RATHI HUF,PUNE vs. ITO, JALNA, JALNA

In the result, the appeal filed by the assessee in ITA

ITA 605/PUN/2025[2008-2009]Status: DisposedITAT Pune29 Jul 2025AY 2008-2009

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.605 & 606/Pun/2025 िनधा"रण वष" / Assessment Years : 2008-09 & 2011-12 Shivratan Motilalji Rathi Vs. Ito, Ward-1, Jalna. Huf, Rathi Rathi & Co., 501-504, Akshay Landmarks, Opp. Pu La Garden, Sinhagad Road, Jalna- 411030. Pan : Aaehr5318G Appellant Respondent Assessee By : Miss Smruti Sabnis Revenue By Shri Akhilesh Srivastva : Date Of Hearing 24.07.2025 : Date Of Pronouncement : 29.07.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 21.10.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Years 2008-09 & 2011-12 Respectively. 2. There Is Delay Of 64 Days In Filing Of The Present Appeals. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeals Within The Prescribed Time Limit. Ld. Dr Has Not Raised Any Serious Objection To Condone The Delay, Therefore We Condone The Delay Of 64 Days & Proceed To Adjudicate The Appeals. 3. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 4. First, We Shall Take Up The Appeal Of The Assessee In Ita No.605/Pun/2025 For Assessment Year 2008-09 As The Lead Case For Adjudication.

For Appellant: Miss Smruti Sabnis
Section 142(1)Section 142ASection 144Section 147Section 148Section 151Section 249(4)Section 271(1)(c)Section 69

condone the delay of 64 days in filing the appeal as the delay was due to unforeseen circumstances beyond the control of the appellant. Ground 2. On the facts and circumstances of the case and in law, the learned NFAC erred in dismissing the appeal filed by the Appellant based on the provisions of Section 249(4

SHIVRATAN MOTILAL RATHI HUF,PUNE vs. ITO, JALNA, JALNA

In the result, the appeal filed by the assessee in ITA

ITA 606/PUN/2025[2011-12]Status: DisposedITAT Pune29 Jul 2025AY 2011-12

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.605 & 606/Pun/2025 िनधा"रण वष" / Assessment Years : 2008-09 & 2011-12 Shivratan Motilalji Rathi Vs. Ito, Ward-1, Jalna. Huf, Rathi Rathi & Co., 501-504, Akshay Landmarks, Opp. Pu La Garden, Sinhagad Road, Jalna- 411030. Pan : Aaehr5318G Appellant Respondent Assessee By : Miss Smruti Sabnis Revenue By Shri Akhilesh Srivastva : Date Of Hearing 24.07.2025 : Date Of Pronouncement : 29.07.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 21.10.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Years 2008-09 & 2011-12 Respectively. 2. There Is Delay Of 64 Days In Filing Of The Present Appeals. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeals Within The Prescribed Time Limit. Ld. Dr Has Not Raised Any Serious Objection To Condone The Delay, Therefore We Condone The Delay Of 64 Days & Proceed To Adjudicate The Appeals. 3. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 4. First, We Shall Take Up The Appeal Of The Assessee In Ita No.605/Pun/2025 For Assessment Year 2008-09 As The Lead Case For Adjudication.

For Appellant: Miss Smruti Sabnis
Section 142(1)Section 142ASection 144Section 147Section 148Section 151Section 249(4)Section 271(1)(c)Section 69

condone the delay of 64 days in filing the appeal as the delay was due to unforeseen circumstances beyond the control of the appellant. Ground 2. On the facts and circumstances of the case and in law, the learned NFAC erred in dismissing the appeal filed by the Appellant based on the provisions of Section 249(4

SHIVRATAN MOTILALJI RATHI HUF,PUNE vs. ITO, JALNA, JALNA

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

ITA 604/PUN/2025[2007-08]Status: DisposedITAT Pune29 Jul 2025AY 2007-08

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.604/Pun/2025 िनधा"रण वष" / Assessment Year : 2007-08 Shivratan Motilalji Rathi Vs. Ito, Ward-1, Jalna. Huf, Rathi Rathi & Co., 501-504, Akshay Landmarks, Opp. Pu La Garden, Sinhagad Road, Jalna- 411030. Pan : Aaehr5318G Appellant Respondent Assessee By : Miss Smruti Sabnis Revenue By : Shri Akhilesh Srivastva Date Of Hearing : 24.07.2025 Date Of Pronouncement 29.07.2025 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.10.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2007-08. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “Ground 1. The Appellant Requests Your Honor To Condone The Delay Of 64 Days In Filing The Appeal As The Delay Was Due To Unforeseen Circumstances Beyond The Control Of The Appellant.

For Appellant: Miss Smruti SabnisFor Respondent: Shri Akhilesh Srivastva
Section 142(1)Section 142ASection 144Section 147Section 148Section 151Section 249(4)Section 249(4)(b)Section 271(1)(c)Section 69

condone the delay of 64 days in filing the appeal as the delay was due to unforeseen circumstances beyond the control of the appellant. 2 Ground 2. Learned CIT(A) has erred in maintaining the addition made by Ld. AO of Rs.5,83,870/- on account of unexplained Investment under section 69 of the Income tax Act, 1961. Ground

THUSE ELEKTRONICS PVT.LTD,PUNE vs. DCIT, CIRCLE-7, PUNE

In the result, ITA No.2544/PUN/2025 is allowed for statistical purpose

ITA 1890/PUN/2025[2013-14]Status: DisposedITAT Pune30 Jan 2026AY 2013-14

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita Nos.2544 & 1890/Pun/2025 निर्धारण वषा / Assessment Years: 2012-13 & 2013-14 Thuse Elektronics Pvt. Ltd., V Dcit, Circle-7, Plot No.33A, Sector -7, S Pune. Pcntda, Bhosari, Pune – 411003, Maharashtra. Pan: Aaact6285F Appellant/ Assessee Respondent /Revenue Assessee By Shri Nikhil Pathak Revenue By Shri Sandeep Sathe – Jcit Date Of Hearing 08/12/2025 Date Of Pronouncement 30/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2012-13 & A.Y.2013-14 Dated 23.09.2025 & 09.06.2025 Respectively Emanating From The Separate Assessment Orders Passed Under Section 143(1) Of The Act, Dated 24.03.2013 & 26.09.2014

Section 115JSection 143(1)Section 250

Section 249(3) permit ld.CIT(A) to admit delayed appeal if he is satisfied that there was sufficient cause for delay. 7) In these facts, lets understand the principles explained by Hon’ble Supreme Court and Hon’ble High Court for condonation of delay. 8) The Hon’ble Supreme Court in the case of Esha Bhattacharjee Vs. Managing Committee

THUSE ELEKTRONICS PVT LTD,PUNE vs. DCIT, CIRCLE-7, PUNE, PUNE

In the result, ITA No.2544/PUN/2025 is allowed for statistical purpose

ITA 2544/PUN/2025[2012-13]Status: DisposedITAT Pune30 Jan 2026AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita Nos.2544 & 1890/Pun/2025 निर्धारण वषा / Assessment Years: 2012-13 & 2013-14 Thuse Elektronics Pvt. Ltd., V Dcit, Circle-7, Plot No.33A, Sector -7, S Pune. Pcntda, Bhosari, Pune – 411003, Maharashtra. Pan: Aaact6285F Appellant/ Assessee Respondent /Revenue Assessee By Shri Nikhil Pathak Revenue By Shri Sandeep Sathe – Jcit Date Of Hearing 08/12/2025 Date Of Pronouncement 30/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2012-13 & A.Y.2013-14 Dated 23.09.2025 & 09.06.2025 Respectively Emanating From The Separate Assessment Orders Passed Under Section 143(1) Of The Act, Dated 24.03.2013 & 26.09.2014

Section 115JSection 143(1)Section 250

Section 249(3) permit ld.CIT(A) to admit delayed appeal if he is satisfied that there was sufficient cause for delay. 7) In these facts, lets understand the principles explained by Hon’ble Supreme Court and Hon’ble High Court for condonation of delay. 8) The Hon’ble Supreme Court in the case of Esha Bhattacharjee Vs. Managing Committee

ARIHANT VASTUSHILP PROPCON PRIVATE LIMITED,PUNE vs. ITO WARD 1(1), PUNE

In the result, all the 3 appeals filed by the assessee are allowed for statistical purposes

ITA 1242/PUN/2025[2018-19]Status: DisposedITAT Pune09 Sept 2025AY 2018-19

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Suhas P Bora and Ms. Sampada IngaleFor Respondent: S/Shri Amol Khairnar and Ratnakar Bhimrao Shelake
Section 143(3)Section 270ASection 271BSection 68

section 68 of the Act. Similarly in absence of any valid explanation regarding the discrepancy in respect of the property sold, the Assessing Officer applied the profit rate of 12% on the sale of property at 6,45,19,025/- and made addition of Rs.77,42,284/-. The Assessing Officer accordingly completed the assessment u/s 143(3) r.w.s. 144B

ARIHANT VASTUSHILP PROPCON PRIVATE LIMITED,PUNE vs. ITO WARD 1(1), PUNE

In the result, all the 3 appeals filed by the assessee are allowed for statistical purposes

ITA 1241/PUN/2025[2018-19]Status: DisposedITAT Pune09 Sept 2025AY 2018-19

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Suhas P Bora and Ms. Sampada IngaleFor Respondent: S/Shri Amol Khairnar and Ratnakar Bhimrao Shelake
Section 143(3)Section 270ASection 271BSection 68

section 68 of the Act. Similarly in absence of any valid explanation regarding the discrepancy in respect of the property sold, the Assessing Officer applied the profit rate of 12% on the sale of property at 6,45,19,025/- and made addition of Rs.77,42,284/-. The Assessing Officer accordingly completed the assessment u/s 143(3) r.w.s. 144B

ARIHANT VASTUSHILP PROPCON PRIVATE LIMITED,PUNE vs. ITO WARD 1(1), PUNE

In the result, all the 3 appeals filed by the assessee are allowed for statistical purposes

ITA 1243/PUN/2025[2018-19]Status: DisposedITAT Pune09 Sept 2025AY 2018-19

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: Shri Suhas P Bora and Ms. Sampada IngaleFor Respondent: S/Shri Amol Khairnar and Ratnakar Bhimrao Shelake
Section 143(3)Section 270ASection 271BSection 68

section 68 of the Act. Similarly in absence of any valid explanation regarding the discrepancy in respect of the property sold, the Assessing Officer applied the profit rate of 12% on the sale of property at 6,45,19,025/- and made addition of Rs.77,42,284/-. The Assessing Officer accordingly completed the assessment u/s 143(3) r.w.s. 144B

SHREE VINDHYA CAST COATERS LIMITED,JALGAON vs. DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX OFFICE, B.J.MARKET

In the result, the appeals of assessee in ITA Nos

ITA 1116/PUN/2025[2020-21]Status: DisposedITAT Pune19 Dec 2025AY 2020-21

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

For Appellant: Shri Anand Karnani (Virtual)For Respondent: Smt. Indira R. Adakil
Section 234E

4,040/-. The New management cannot be held responsible for such delay in deposit of TDS. 2.2 It is respectfully submitted that the aforesaid delays in TDS return filing & delay in deposit of TDS were beyond the control of the New Management of the Company and hence could not be held liable for such defaults due to reasons stated herein

SHREE VINDHYA CAST COATERS LIMITED,JALGAON vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1, JALGAON

In the result, the appeals of assessee in ITA Nos

ITA 1121/PUN/2025[2022-23]Status: DisposedITAT Pune19 Dec 2025AY 2022-23

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

For Appellant: Shri Anand Karnani (Virtual)For Respondent: Smt. Indira R. Adakil
Section 234E

4,040/-. The New management cannot be held responsible for such delay in deposit of TDS. 2.2 It is respectfully submitted that the aforesaid delays in TDS return filing & delay in deposit of TDS were beyond the control of the New Management of the Company and hence could not be held liable for such defaults due to reasons stated herein

SHREE VINDHYA CAST COATERS LIMITED,JALGAON vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JALGAON

In the result, the appeals of assessee in ITA Nos

ITA 1117/PUN/2025[2021-22]Status: DisposedITAT Pune19 Dec 2025AY 2021-22

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

For Appellant: Shri Anand Karnani (Virtual)For Respondent: Smt. Indira R. Adakil
Section 234E

4,040/-. The New management cannot be held responsible for such delay in deposit of TDS. 2.2 It is respectfully submitted that the aforesaid delays in TDS return filing & delay in deposit of TDS were beyond the control of the New Management of the Company and hence could not be held liable for such defaults due to reasons stated herein

SHREE VINDHYA CAST COATERS LIMITED,JALGAON vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1, JALGAON

In the result, the appeals of assessee in ITA Nos

ITA 1118/PUN/2025[2021-22]Status: DisposedITAT Pune19 Dec 2025AY 2021-22

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

For Appellant: Shri Anand Karnani (Virtual)For Respondent: Smt. Indira R. Adakil
Section 234E

4,040/-. The New management cannot be held responsible for such delay in deposit of TDS. 2.2 It is respectfully submitted that the aforesaid delays in TDS return filing & delay in deposit of TDS were beyond the control of the New Management of the Company and hence could not be held liable for such defaults due to reasons stated herein