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21 results for “condonation of delay”+ Section 2(37)clear

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Key Topics

Addition to Income7Condonation of Delay6Search & Seizure5Section 143(1)(a)4Section 260A4Section 214Section 1323Section 1483Disallowance

The Commissioner of Income TAx-IV, vs. M/s. Mahaveer Enterprises (India) Limited

The Appeal is dismissed

ITTA/94/2008HC Telangana23 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 21

Section 33 of the Act should be condoned usually and liberal approach as adopted by the Hon'ble Supreme Court in the case of Collector, Land Acquisition vs. Katiji [AIR 1987 SC 1353] and the learned Single Judge condoned the delay in filing the appeal which was of 10 months. Page 37 of 76 C/LPA/94/2008 JUDGMENT DATED: 06/07/2021 RAVJIBHAI PRABHUDAS

Commissioner of Income Tax- IT and TP vs. M/s. Louis Berger International Inc.,

ITTA/108/2022HC Telangana25 Sept 2023

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

37. The Supreme Court had also adverted to the procedure of provisional assessment as embodied in Section 18 and explained its significance in the following words: ―22. The significance of Section 18 of the Act can be understood in the light of the above provisions. Section 18 provides for provisional assessment of duty in cases specified in sub-section

Showing 1–20 of 21 · Page 1 of 2

3
Section 372
Section 1532
Section 1632

Commissioner of Income Tax-II vs. M/s. Andhra Pradesh Mineral Development Corporation Ltd.

ITTA/94/2022HC Telangana24 Aug 2023

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

37. The Supreme Court had also adverted to the procedure of provisional assessment as embodied in Section 18 and explained its significance in the following words: ―22. The significance of Section 18 of the Act can be understood in the light of the above provisions. Section 18 provides for provisional assessment of duty in cases specified in sub-section

The Commissioner of Income Tax- IV vs. M/s. Prabhat Agri Bio Tech P Ltd.

ITTA/459/2015HC Telangana06 Apr 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 151Section 5Section 8

2) CPC were not mutually exclusive and nor were they to be taken necessarily simultaneously, as a consecutive recourse was permissible. However, the time taken in pursuing the remedy under Order IX Rule 13 CPC may form “sufficient cause” for condoning the delay in filing the appeal against the judgment and decree, but that would depend on the bona fides

The Director of Income Tax, (Exemptions) vs. Royal Education Society

In the result, the appeal is disposed of

ITTA/392/2016HC Telangana20 Oct 2016

Bench: ANIS,SANJAY KUMAR

Section 143(1)Section 143(3)Section 147Section 148Section 260Section 260A

2. Facts leading to filing of this appeal briefly stated are that assessee is a Co-operative Apex Bank and is registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the 1959 Act' for short). The assessee had been granted licence to carry on the business of banking by Reserve Bank of India under Banking Regulation

Commissioner of Income TAx-II, Visakhapatnam. vs. Pentakota Nageswara Rao

ITTA/511/2011HC Telangana08 Aug 2013
Section 132

condonation of delay) UNION OF INDIA THR. ENFORCEMENT DIRECTORATE ..... Appellant Versus GAURI SHANKAR AND ORS. …Respondents Advocates who appeared in this case: For the Petitioners: Mr Rahul Chaudhary, Sr. Standing Counsel for ITD Mr Rakesh Kumar, CGSC For the Respondents: Mr Rakesh Gupta, Ms Poonam Ahuja, Mr Somil Agarwal, Mr Rohit Kumar Gupta and Ms Monika Ghai, Advocates Mr Akshay

EVEREST ORGANICS LTD vs. THE COMMISSIONER OF I.T., HYDERABAD

ITTA/9/2005HC Telangana21 Sept 2022

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 143(1)(a)

37 ITA No.6 of 2005 & other connected matters 43. The principal argument of the assessee is that all these orders were passed by the AO at the dictate of the superior authority whereas according to the Revenue, the DIT (Inv.) was just monitoring the investigation as the matter was under consideration before the Supreme Court. 44. The position

C. SANYASI RAJU vs. THE ASST. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, VIZAG.

ITTA/7/2005HC Telangana21 Nov 2017

Bench: C.V.NAGARJUNA REDDY,T.AMARNATH GOUD

Section 143(1)(a)

37 ITA No.6 of 2005 & other connected matters 43. The principal argument of the assessee is that all these orders were passed by the AO at the dictate of the superior authority whereas according to the Revenue, the DIT (Inv.) was just monitoring the investigation as the matter was under consideration before the Supreme Court. 44. The position

The Commissioner of Income Tax-III vs. M/s.Samrakshna Electricals Ltd

ITTA/28/2010HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 143(1)(a)

37 ITA No.6 of 2005 & other connected matters 43. The principal argument of the assessee is that all these orders were passed by the AO at the dictate of the superior authority whereas according to the Revenue, the DIT (Inv.) was just monitoring the investigation as the matter was under consideration before the Supreme Court. 44. The position

M/s.GVK Petro Chemicals Private Limited,(Novo Resins AND vs. The Deputy Commissioner of Income Tax,

ITTA/8/2005HC Telangana05 Jul 2012
Section 143(1)(a)

37 ITA No.6 of 2005 & other connected matters 43. The principal argument of the assessee is that all these orders were passed by the AO at the dictate of the superior authority whereas according to the Revenue, the DIT (Inv.) was just monitoring the investigation as the matter was under consideration before the Supreme Court. 44. The position

The Commissioner of Income Tax-III vs. Smt. Raj Kumari

Accordingly are partly allowed

ITTA/23/2008HC Telangana28 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

delay. 38. He submits that learned Single Judge although purportedly referred to cases cited above, considered those oblivious of underlying principle. The matters require re-appreciation and reconsideration. 16. He further submits, may be that an objection to maintainability of the appeals is sought to be raised, however, the same having been raised after admission of the appeals, it loses

The Commissioner of Income Tax IV, vs. Parnika Constructions P. Ltd.,

Appeal is allowed in the aforesaid terms

ITTA/73/2014HC Telangana01 Jul 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

condoned as no counter affidavit has been filed by the Insurance Company and the reason assigned by the appellants is acceptable to the court. Accordingly I.A. No. 602 of 2021 is allowed. M.A. No. 73 of 2014 1. Heard, learned counsel for the parties. -2- 2. The instant Miscellaneous Appeal has been preferred by the appellants/claimants, namely, 1. Most. Mira

M/s. Vodafone Mobile Services Limited, vs. Assistant Commissioner of Income Tax

ITTA/279/2018HC Telangana03 Sept 2024

Bench: SUJOY PAUL,NAMAVARAPU RAJESHWAR RAO

Section 18Section 37

condonation of delay of 8 days in filing and 2 days in re-filing are allowed as the counsel for the respondent, who appears on advance notice, does not oppose the prayers. FAO(OS) (COMM) 279/2018 & CM APPL. 49432/2018 This intra-court appeal under Section 37

THE COMMISSIONER OF I.T.-I, HYDERABAD. vs. M/S. AKASH CABLE TV NETWORK PVT.LTD., HYDERABAD.

ITTA/253/2012HC Telangana18 Feb 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 260A

37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 24th April, 2012. + ITA 252/2012 + ITA 253/2012 + ITA 258/2012 AZEEM INVESTMENT PVT LTD ..... Appellant Through Mr. R. Santhanam and Mr. A P Sinha, Advs. versus CIT ..... Respondent Through Mr. Deepak Chopra, sr. standing counsel with Mr. Harpreet Singh Ajmani, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA

The Commissioner of Income Tax-I, vs. Prasad Film Laboratories Limited,

ITTA/275/2012HC Telangana10 Jul 2013

condoned.  Otherwise also, the minor age of helpless claimant  in these appeals is certainly a sufficient cause for delay in filing  Cross­objections.  Therefore, Civil Application No. 14171 of 2017  and Civil Application No. 2757 of 2018 are disposed of as allowed  and Cross­objections filed by claimant are taken on record. 16. After hearing both the sides, following points arise

The Pr. Commissioner of Income Tax-2 vs. Sri Venkatesh Granites Pvt. Ltd.

Accordingly, the appeal fails and is dismissed

ITTA/241/2022HC Telangana24 Aug 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 9Th January, 2023 Appearance : Mr. Prithu Dudhoria, Adv. ….For Appellant Mr. Avra Majumder, Adv. Mr. Binayak Gupta, Adv. Mr. Suman Bhowmick, Adv. …For The Respondent The Court : We Have Heard Mr. Prithu Dudhoria, Learned Standing Counsel Appearing For The Appellant & Mr. Avra Majumder, Learned Counsel Appearing For The Respondent/Assessee. Though There Is No Satisfactory Explanation For The Inordinate Delay Of 1018 Days In Filing The Appeal, Since We Are Inclined To Take Up The Main Appeal Itself For Consideration & To Ascertain As To Whether Any Substantial Question Of Law Arises For Consideration, We Exercise Discretion & Condone The Delay In Filing The Appeal. For Such Reason, The Application Being Ia No.:Ga/1/2022 Is Allowed.

Section 260A

condone the delay in filing the appeal. For such reason, the application being IA No.:GA/1/2022 is allowed. 2 ITAT/241/2022 This appeal filed by the revenue under Section 260A of the Income Tax Act (the Act, for brevity) is directed against the order dated 6th September, 2019 passed by the Income Tax Appellate Tribunal, `C’ Bench, Kolkata (Tribunal) in I.T.A

Serene Country Owners welfare Association vs. Income Tax Officer

ITTA/155/2018HC Telangana20 Jan 2021

Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO

Section 132Section 144Section 153Section 153B

delay is condoned. I.A. No.9 of 2019 is allowed. ITA No.155 of 2018 2. The present appeal by the Revenue challenges an order dated 16th May, 2018 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) in IT(SS) A Nos.32 to 37/ CTK/2018 for the Assessment Years (AYs) 2009-10 to 2015-16. The questions sought

The Principal Commissioner of Income Tax-I, vs. M/s. V.Dhana Reddy AND Co.,

ITTA/137/2017HC Telangana14 Nov 2017

Bench: C.V.NAGARJUNA REDDY,KONGARA VIJAYA LAKSHMI

For Appellant: - National Insurance Co. Ltd. Lucknow Thru. AssttFor Respondent: - Gaurav Sharma And Anr
Section 163Section 166Section 173

condonation of delay under a wrong provision of law will not vitiate the application. 18. The Hon'ble Supreme Court, in the case of Pankajbhai Rameshbhai Zalavadiya Vs. Jethabhai Kalabhai Zalavadiya; (2017) 9 SCC 700, has held that it is by now well settled that a mere wrong mention of the provision in the application would not prohibit a party

M/S MAQSOD AND CO HYDERABAD vs. THE COMMNER OF INCOME TAX HYD

ITTA/22/2001HC Telangana27 Jun 2013
For Appellant: - Navneet Nain Alias Navneet AgarwalFor Respondent: - New India Assurance Co. Ltd. And Another

condoned. In such circumstances, the authenticity of the FIR assumes much more significance than delay in lodging thereof supported by cogent reasons.” 30. Now, the facts in Ravi’s case show that soon after the accident on 07.10.2001 at 8.00 p.m., the Police had arrived at the Hospital, where the injury report had been drawn up mentioning the fact that

Commissioner of Income Tax vs. Agricultural Market Committee,

The appeal stands dismissed as withdrawn with liberty to the appellant to restore the appeal in the

ITTA/177/2011HC Telangana21 Apr 2011

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 20Th February, 2023 Appearance : Mr. Sukumar Bhattacharya, Adv. Mr. Dipendra Nath Chunder, Adv. … For Appellant Mr. Om Narain Rai, Adv. Mr. Anurag Roy, Adv. … For Respondent The Court : This Appeal Filed By The Assessee Under Section 260A Of The Income Tax, 1961 (The Act) Is Directed Against The Order Dated 31St August, 2010 Passed By The Income Tax Appellate Tribunal, “B” Bench, Kolkata (Tribunal) In

Section 133(6)Section 260ASection 30Section 37

2 i) Whether on the facts and circumstances of the present case the Income Tax Appellate Tribunal erred in law by not holding that the expenditure incurred for co-ordination charges does not come within the scope of section 30 to 36 of the Income Tax Act, and as such the assessee is entitled to get benefit of deduction