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Bombay High Court

PRINCIPAL COMMISSIONER OF INCOME TAX 5 MUMBAIversusVODAFONE INDIA LTD - 1121/MUM/2014 (A.Y. 2009-10)

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the delay may be condoned and allowed the interim application.

Summary

The Principal Commissioner of Income Tax, Mumbai filed an appeal under Section 260A of the Income Tax Act, 1961, but delayed filing it by 58 days. The applicant sought condonation of this delay through an interim application. The respondent raised only oral opposition and filed no written objection. The Court examined the application, found the averments sufficient, noted the absence of written opposition, and considered the interest of justice. Consequently, the Court allowed the condonation of delay, subject to removal of any office objections within eight weeks, failing which the appeal would be dismissed.

Issues considered

  • Whether the delay of 58 days in filing the appeal under Section 260A of the Income Tax Act, 1961 can be condoned.

Legislation cited

Subjects

  • condonation of delay
  • Income Tax Act
  • Section 260A
  • interim application
  • interest of justice

Judgment

                                                                                    13-IA-1541-25 IN ITXAL.DOC


 JYOTI                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 RAJESH
 MANE                               ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
JYOTI RAJESH
MANE
Date: 2026.08.03
12:57:42 +0530
                                       INTERIM APPLICATION NO. 1541 OF 2025
                                                       IN
                                      INCOME TAX APPEAL(L) NO. 20418 OF 2024


                      Principal Commissioner Of
                      Income Tax 5 Mumbai                                   ...Applicant
                             Versus
                      Vodafone India Ltd -
                      1121/Mum/2014 (A.Y. 2009-10)                          ...Respondents

                                                        _______
                      Mr. Vikas T. Khanchandani, for Applicant.
                      Mr. Jitendra Singh a/w. Ms. Shivali Mhatre a/w. Mr. Rajesh Gaikwad,
                      for Respondents.
                                                          _______

                                                 CORAM:         G. S. KULKARNI &
                                                                AARTI SATHE, JJ.

                                                 DATE:          31 JULY 2026

                      P.C.

                      1.         We have heard Mr. Khanchandani, learned counsel for the applicant
                      and Mr. Singh, learned counsel for the respondent.

                      2.         By this interim application, the applicant has prayed for condonation of
                      delay of 58 days caused in filing the aforesaid appeal under the provisions of
                      Section 260A of the Income Tax Act, 1961.

                      3.         We have perused the averments as made in the application, which make
                      out a sufficient case for the delay to be condoned. Also, there is no written
                      opposition placed on record on behalf of the respondent to this application,
                      although an oral opposition.




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                                                               13-IA-1541-25 IN ITXAL.DOC



4.            In the aforesaid circumstances, and in the interest of justice, the
application deserves to be allowed. It is accordingly allowed in terms of prayer
clause (a).

5.            Office objections, if any, be removed within a period of eight weeks

from today, failing which the appeal shall stand dismissed without further reference

to the Court.




       (AARTI SATHE, J.)                         (G. S. KULKARNI, J.)




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