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Bombay High Court

PR COMMISSIONER OF INCOME TAX 8 MUMBAIversusMONDELEZ INDIA FOODS PRIVATE LIMITED - 7104/MUM/2017 (A.Y. 2013-14)

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the delay of 54 days is condonable under Section 260A of the Income-tax Act, 1961.

Summary

The Principal Commissioner of Income Tax-8, Mumbai filed an appeal under Section 260A of the Income-tax Act, 1961, but missed the prescribed time limit by 54 days. The appellant sought condonation of this delay through an interim application. The respondent, Mondelez India Foods Private Limited, opposed the condonation. The Court examined the established principles governing condonation of delay and found the appellant's reasons sufficient. Accordingly, the Court allowed the application, directing removal of any office objections within eight weeks and ordering the appeal to be listed thereafter. No costs were awarded.

Issues considered

  • Whether a delay of 54 days in filing an appeal under Section 260A of the Income-tax Act, 1961 can be condoned.

Legislation cited

Subjects

  • condonation of delay
  • Income-tax Act
  • Section 260A
  • appeal procedure
  • tax litigation

Judgment

           Digitally
           signed by
           PRAJAKTA
  PRAJAKTA SAGAR
  SAGAR
  VARTAK
           VARTAK
           Date:
                                                                                        309-IA 2234-26.DOC
           2026.09.02
           17:00:07
           +0530




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

                                   INTERIM APPLICATION NO. 2234 OF 2026
                                                   IN
                                  INCOME TAX APPEAL (L) NO. 18799 OF 2024

                 Principal Commissioner of Income Tax-8, Mumbai            … Applicant/Appellant
                        Vs.
                 Mondelez India Foods Private Limited
                 (Formerly known as Cadbury India Limited)                 … Respondent
                                                  _________

                 Mr. P. A. Narayanan for applicant/appellant.
                 Ms. Jasmin Amalsadvala i/b. Lumiere Law Partners for the 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 54 days in filing the aforesaid Appeal under Section
                 260A of the Income-tax Act, 1961. The Interim Application is opposed by Ms.
                 Amalsadvala, 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.     Office objections, if any, be removed within a period of eight weeks from
                 today.
                 5.     List the appeal for admission after the removal of office objections.
                 6.     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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