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Bombay High Court

PR COMMISSIONER OF INCOME TAX 2 MUMBAIversusTHE BOMBAY DYEING AND MANUFACTURING CO LTD

Decided
Disposal
DISMISSED

Holding

The Court condoned the delay and allowed the interim application.

Summary

The Principal Commissioner of Income Tax 2 Mumbai filed an appeal under Section 260A of the Income-tax Act, 1961, but delayed filing it by 77 days. The appellant sought condonation of this delay through an interim application, which was opposed by the respondent, The Bombay Dyeing and Manufacturing Co. Ltd. The High Court examined the established principles governing condonation of delay and found the appellant’s reasons sufficient. Accordingly, the Court condoned the 77‑day delay and allowed the interim application. No costs were awarded, and the interim application was disposed of in favor of the appellant.

Issues considered

  • Whether the 77‑day delay in filing the appeal under Section 260A of the Income‑tax Act, 1961 can be condoned?

Legislation cited

Subjects

  • condonation of delay
  • Income‑tax appeal
  • Section 260A
  • procedural law
  • High Court

Judgment

           Digitally
           signed by
           PRAJAKTA
  PRAJAKTA SAGAR
  SAGAR
  VARTAK
           VARTAK
           Date:
                                                                                          3-IA 2229-26.DOC
           2026.09.02
           17:00:08
           +0530




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

                                  INTERIM APPLICATION NO. 2229 OF 2026
                                                  IN
                                 INCOME TAX APPEAL (L.) NO. 20200 OF 2024

                 Principal Commissioner of Income Tax 2 Mumbai            ...Appellant/Applicant
                        Versus
                 The Bombay Dyeing and Manufacturing Co. Ltd.             ...Respondent
                                                  _________

                 Ms. Samiksha Kanani for Applicant.
                 Mr. Madhur Agrawal i/b. Mr. Atul Jasani for Respondent.
                                                  __________
                                              CORAM:        G. S. KULKARNI &
                                                            DR. NEELA GOKHALE, JJ.
                                              DATE:         28 AUGUST, 2026.
                 P.C.

                 1.      By this Interim Application, the applicant/appellant has prayed for
                 condonation of delay of 77 days in filing the aforesaid Appeal under Section
                 260A of the Income-tax Act, 1961. The Interim Application is opposed by Mr.
                 Agrawal, learned counsel for the respondent.
                 2.     We have perused the averments made in the application. Considering the
                 period of delay and the settled principles of law governing applications for
                 condonation of delay, in our opinion, it is appropriate that the delay is condoned.
                 3.     The application is accordingly allowed in terms of prayer clause (a).
                 4.     Interim Application stands disposed of in the aforesaid terms. No costs.




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




                                                    Page 1 of 1
                                                  28 August, 2026


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