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Bombay High Court

PR COMMISSIONER OF INCOME TAX 8 MUMBAIversusBSR AND CO LLP AY 2012-13

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the 76‑day delay, finding sufficient cause shown by the applicant.

Summary

The Principal Commissioner of Income Tax, Mumbai filed an interim application seeking condonation of a 76‑day delay in filing an appeal under Section 260A of the Income Tax Act. The respondent, BSR & Co. LLP, did not oppose the application. The Court examined the memo and found the delay not gross and the reasons provided sufficient to justify the lapse. Accordingly, the Court held that condoning the delay was in the interest of justice. The application was allowed, no costs were awarded, and the Court directed that any office objections be removed within eight weeks.

Issues considered

  • Whether a delay of 76 days in filing an appeal under Section 260A of the Income Tax Act can be condoned
  • Whether the applicant has shown sufficient cause for the delay

Legislation cited

Subjects

  • condonation of delay
  • Income Tax Act
  • Section 260A
  • interim application
  • procedural law

Judgment

             Digitally
             signed by
             PRAJAKTA
                                                                                           302-IA 2235-24.DOC
     PRAJAKTA SAGAR
     SAGAR    VARTAK
     VARTAK   Date:
             2026.08.24
             12:59:14
             +0530



Prajakta Vartak

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                     INTERIM APPLICATION NO. 2235 OF 2026
                                                     IN
                                    INCOME TAX APPEAL (L.) NO. 20111 OF 2024

       Principal Commissioner of Income Tax 8 Mumbai                        ...Applicant
              Versus
       BSR & Co. LLP                                                        ...Respondent
                                           _________

       Mr. P. A. Narayanan for Applicant/Appellant.
       Mr. Jeet Kamdar i/b. Mr. Atul Jasani for Respondent.
                                              __________

                                                      CORAM:         G. S. KULKARNI &
                                                                     DR. NEELA GOKHALE, JJ.
                                                      DATE:          21 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 prayed for to be condoned is of 76 days. There
       is no written opposition filed to this application by the learned counsel for the
       respondent.

       2.                 In the aforesaid circumstances, having perused the memo of the application and
       considering the period of delay not being gross, 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.

       3.                 The application is accordingly allowed in terms of prayer clause (a). Interim
       application stands disposed of in the above terms. No costs.

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




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


                                                      Page 1 of 1
                                                    21 August 2026


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