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19 results for “condonation of delay”+ Section 37(1)clear

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Key Topics

Addition to Income5Condonation of Delay5Search & Seizure5Section 143(1)(a)4Section 214Section 1323Section 1483Section 1532Section 163

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

37 of 76 C/LPA/94/2008 JUDGMENT DATED: 06/07/2021 RAVJIBHAI PRABHUDAS PATEL SINCE DECD. THR'HEIRS V/s ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY U.L.C. The said judgement of the learned Single Judge also, in our opinion, is distinguishable as the delay in the present case was not a minor delay but a huge delay of 2 years and 3 months and no sufficient

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

1) to Rule 3 is not applicable and transaction value is determined in terms of Rules 4 to 9 of the 2007 Rules. 16.6. The proper officer can raise doubts as to the truth or accuracy Digitally Signed By:KAMLESH KUMAR Signing Date:27.11.2024 18:20:25 Signature Not Verified CUSAA 26/2022 & connected matters Page

2
Section 1512
Section 260A2
Exemption2

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

1) to Rule 3 is not applicable and transaction value is determined in terms of Rules 4 to 9 of the 2007 Rules. 16.6. The proper officer can raise doubts as to the truth or accuracy Digitally Signed By:KAMLESH KUMAR Signing Date:27.11.2024 18:20:25 Signature Not Verified CUSAA 26/2022 & connected matters Page

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

1) of the Act was an order of assessment only prior to 01.04.1989 and thereafter, an intimation. Therefore, the earlier order of assessment gets effaced on commencement of proceeding under Section 147 read with Section 148 of the Act. It is also urged that Supreme Court in 'V.JAGAN MOHAN RAO VS. COMMISSIONER OF INCOME TAX AND EXCESS PROFIT

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

1 SCC 787 to contend that both the remedies, i.e., the filing of the appeal under Section 96(2) CPC as also an application under Order IX Rule 13 CPC before the learned Trial Court, could be availed of together. Therefore too, nothing prevented Ashok Leyland to file the appeal without waiting for the disposal of the application under Order

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

37 LPA-22-2008+ 39. Aforesaid aspects show that the tahsildar had taken into account certain documents and considered the matter and rejected the application. It appears that neither the appellate nor the revisional authority has taken into account various facts and circumstances and events which have taken place from 1952 onwards. Even declaration pursuant to section 38E(1

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

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

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

1. There is a delay of 51 days in filing appeal petition. For the reasons stated therein, the 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

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

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

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

1 of 8 $~ 35 to 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

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 of the Arbitration and Conciliation Act, 1996 ('A&C Act', for short) read with

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

Principal Commissioner of Income Tax [TDS] vs. M/s.KCIL-MEIL [JV]

ITTA/212/2015HC Telangana02 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 55Section 55(5)(a)Section 67

condoning the delay, noted the question of law mooted in the revision as follows: “We have heard the learned Senior Government Pleader for the Department of Commercial Taxes. It is submitted that the question of law mooted for OT.REV 212/2015 -7- consideration is as to whether the Deputy Commissioner (Appeals) has the power to order remand of a case relating

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