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Bombay High Court

PRINCIPAL COMMISSIONER OF INCOME TAX 5 MUMBAIversusVODAFONE IDEA LIMITED - AY 09-10 ITA 3424/MUM/2014

Decided
Disposal
DISPOSED OFF

Holding

The Court allowed the interim application and granted condonation of the delay under Section 260A.

Summary

The Principal Commissioner of Income Tax, Mumbai filed an appeal (Income Tax Appeal (L) No.16845 of 2024) but delayed filing it by 90 days. The applicant sought condonation of this delay under Section 260A of the Income Tax Act, 1961. The respondent did not file any written opposition, only an oral one. The Court examined the application and found the reasons for delay sufficient and, in the interest of justice, granted condonation. Consequently, the interim application was allowed, subject to removal of any office objections within eight weeks, failing which the appeal would be dismissed.

Issues considered

  • Whether the 90‑day delay in filing the income‑tax appeal can be condoned under Section 260A of the Income Tax Act, 1961.

Legislation cited

Subjects

  • Income Tax
  • Section 260A
  • condonation of delay
  • tax appeal
  • interim application

Judgment

                                                                                    15-IA-1543-25 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
12:57:41 +0530
                                         INTERIM APPLICATION NO.1543 OF 2025
                                                         IN
                                        INCOME TAX APPEAL (L) NO.16845 OF 2024


                      Principal Commissioner Of
                      Income Tax 5 Mumbai                                   ...Applicant
                             Versus
                       Vodafone Idea Limited - Ay 09-10
                      Ita 3424/Mum/2014                                     ...Respondents

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

                                                 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 90 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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                                                               15-IA-1543-25 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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