COMMISSIONER OF INCOME TAX-III vs. M/S. RASA AGROTECH PRIVATE LTD.

Accordingly, the appeals are liable to be dismissed on the

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

condonation of delay in filing ITA NO. 453/2012 (CIT v. Arvinder Singh) it was claimed that there was only 22 days' delay in filing the appeal. It was stated in the said application that initially no appeal was preferred against the impugned order dated 5th April 2007 of the ITAT as at that stage “it was considered more appropriate

Principal Commissioner of Income Tax vs. Sri Nama Nageshwar Rao

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

21 to 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 12.02.2021 + ITA 23/2021 & CM APPL. 5385/2021 (Condonation of Delay) PCIT (CENTRAL) - 3 ..... Appellant Through: Mr. Ajit Sharma, Senior Standing Counsel versus ANAND KUMAR JAIN (HUF) ..... Respondent Through: None + ITA 26/2021 & CM APPL. 5516/2021(Condonation of Delay) PCIT (CENTRAL) -3 ..... Appellant Through: Mr. Ajit Sharma, Senior

Commissioner of Income Tax vs. Agricultural Market Committee

Accordingly, the appeal (ITAT/11/2011) stands dismissed

Bench: V.V.S.RAO,RAMESH RANGANATHAN

delay in filing the appeal is condoned. 3 We have perused the order passed by the tribunal which is impugned before us and we find that the tribunal has approved the factual finding recorded by the Commissioner of Income Tax (Appeals). The matter pertains to the applicability of the provisions of Section 41(1) of the Act. The tribunal after

Commissioner of Income Tax-II vs. The Sind Coop. Urban Bank Ltd.,

The appeal of the State is allowed and the appeal of the applicants

Bench: V.V.S.RAO,RAMESH RANGANATHAN

section (3) is concerned, the owner should be holding the property under a registered deed, with intention to cultivate the same and his total holdings should be within the ceiling limits of the Kerala Land Reforms Act. Definitely, the principal cultivation as required for an exclusion, or personal cultivation under S.3(2) and an intention to cultivate under

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

Appeal is allowed in the aforesaid terms

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

delay of 66 days in preferring the appeal is 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

Commissioner of Income Tax, vs. M/s. Best India Tobacco Suppliers Private Limited,

Appeals are dismissed

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

condonation of delay. 5. On merits, it has been argued that the learned Single Judge has abdicated in not noticing the report of the Enforcement officer much less the assessment order. In other words, the respondents/petitioners did not place on record the copy of the assessment order which was a clincher to the controversy in dispute. Infact the partners

The Commissioner of Income Tax-V, vs. Sri. P.Krishna

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

21-10-2022. This being a I I LKJ i.'r,"r"1A No 3U1 c{ 2010 & Cro:s Obl..lioq No Jl of 2022 beneficial leqrslation and in thrs case, quantum is also questioned by the lnsurance C:ompany, this Court deems it appropriate to condone the delay in filinq the cross-objections on condition that the claimant

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

Accordingly are partly allowed

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

In the result, the appeal is disposed of

Bench: ANIS,SANJAY KUMAR

condonation of delay in filing the return under Section 119 of the Act. It is further submitted that Section 148 of the Act provides a remedy to the revenue and is not a remedy to the assessee. It is also submitted that proceeding under Section 148 can be initiated only in respect of such income which escapes assessment

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

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

delay in refilling is condoned. ITA 252/2012 ITA 253/2012 ITA 258/2012 We have heard Mr. Santhanam in these appeals under Section 260A of the Income Tax Act, 1961 („Act‟, for short) impugning the common order dated 26.8.2011. The appeals relate to assessment years 2002-03, 2003-04 and 2004-05. In the years in question, the appellant, a private limited

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

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

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

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

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 (1) of the section. Clause (c) of sub-section (1) deals with cases where the importer

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

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

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 (1) of the section. Clause (c) of sub-section (1) deals with cases where the importer

Commissioner of Income Tax vs. Sri Chirla Rama Reddy

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Delay condoned. Date of order: 30-7-2018 I.T.A. No.798/2006 The Commissioner of Income-Tax & Anr. vs. Sri K.Gopal 5/22 Liberty is given to the Department to move the High Court pointing out that the Circular dated February 9, 2011 should not be applied ipso facto, particularly, when the matter has a cascading effect. There are cases under the Income

The Commissioner of Income Tax-III vs. M/s.Voith Turbo Pvt Ltd

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Delay condoned. Date of order: 30-7-2018 I.T.A. No.168/2006 The Commissioner of Income-Tax & Anr. vs. Sri Anil Kabra 5/22 Liberty is given to the Department to move the High Court pointing out that the Circular dated February 9, 2011 should not be applied ipso facto, particularly, when the matter has a cascading effect. There are cases under

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

Accordingly, the appeal fails and is dismissed

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.

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

Majeti Madhavi vs. The Principal Commissioner of Income Tax(Central)

THE APPEAL IS DISMISSED

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

Section 260-A of the Income Tax Act, 1961 assailing the order passed by the Income Tax Appellate Tribunal, Hyderabad, Bench-A, Hyderabad (for short, 'the Tribunal') in I.T.A.No.l49OlHydl 20 IB, dated 28.06.2022. 3. Vide the impugned order, the learned Tribunal rejected the appeal of the assessee on the ground that the salrle was barred by limitation with

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

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

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