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Bombay High Court

UTTAMBHAI V PATELversusCOMMISSIONER OF INCOME TAX APPEAL

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the 296‑day delay in filing the appeal under Section 260A of the Income Tax Act.

Summary

Uttambhai V. Patel filed an appeal under the Income Tax Act but failed to file it within the prescribed period, resulting in a delay of 296 days. The appellant sought condonation of this delay under Section 260A of the Income Tax Act. The respondent opposed the application. The Court examined the reasons provided and found them to constitute a sufficient cause and a justifiable ground for condonation. In the interest of justice, the Court allowed the interim application, thereby condoning the delay. No costs were awarded and the matter was disposed of, with a direction to remove any office objections within eight weeks.

Issues considered

  • Whether a delay of 296 days in filing an appeal under Section 260A of the Income Tax Act can be condoned?

Legislation cited

Subjects

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

Judgment

                                                                          7-IA-2150-2024.DOC



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                   INTERIM APPLICATION NO. 2150 OF 2024
                                   IN
                  INCOME TAX APPEAL (L) NO. 8501 OF 2024

Uttambhai V. Patel                          ...Applicant/Appellant
      Versus
Commissioner of Income Tax
Appeal                                ...Respondent
                                  _______
Mr. Hardik Vora (through V/C), with Anuj Jhaveri, Ritik Sinha, Arnav Karhad i/b
Anuj Jhaveri, for Applicant/Appellant.
Ms. Swapna Gokhale, for Respondent.
                                        _______

                              CORAM:        G. S. KULKARNI &
                                            DR. NEELA GOKHALE, JJ.

                              DATE:         14th AUGUST 2026

P.C.

1.        We have heard learned counsel for the parties on this interim application

which is filed praying for condonation of delay in filing the aforesaid appeal under

Section 260A of the Income Tax Act. The delay which is sought to be condoned is

of 296 days.

2.        The Interim Application is vehemently opposed on behalf of the learned

counsel for the Respondent-Revenue.

3.        In the aforesaid circumstances, having perused the memo of the application,

in our opinion, the reasons as set out certainly provide for an appropriate

justification and a sufficient cause shown by the applicant in regard to the delay in

filing the appeal. It is hence in the interest of justice that the delay is condoned.



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                                                                         7-IA-2150-2024.DOC



4.         The application is hence allowed in terms of prayer clause (a). Interim

application stands disposed of in the above terms. No costs.

5.         Let the office objections, if any, be removed within a period of 8 weeks from

today.

(DR. NEELA GOKHALE, J)                                     (G. S. KULKARNI, J.)


  SHAMBHAVI
  NILESH
  SHIVGAN
  Digitally signed by
  SHAMBHAVI NILESH
  SHIVGAN
  Date: 2026.08.18
  15:55:03 +0530




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