Bombay High Court
PR COMMISSIONER OF INCOME TAX 8 MUMBAIversusNATIONAL STOCK EXCHANGE OF INDIA LIMITED - AY 2020-21
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court condoned the 77‑day delay and allowed the interim application under Section 260A of the Income Tax Act.
Summary
The Principal Commissioner of Income Tax (Mumbai) filed an interim application seeking condonation of a 77‑day delay in filing Income Tax Appeal (L.) No. 20201 of 2024 under Section 260A of the Income Tax Act. No written opposition was filed by the respondent, National Stock Exchange of India Limited. The Court examined the memo and found that the delay was not gross and that the applicant had shown sufficient cause for the lapse. In the interest of justice, the Court held that the reasons provided justified condonation of the delay. Accordingly, the interim 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 77 days in filing an appeal under Section 260A of the Income Tax Act can be condoned.
- Whether the applicant has shown sufficient cause and justification for the delay.
Legislation cited
- Income Tax Act — s. 260A
Subjects
- condonation of delay
- Income Tax Act
- Section 260A
- interim application
- tax appeal
- procedural law
Judgment
Digitally
signed by
PRAJAKTA
303-IA 2293-26.DOC
PRAJAKTA SAGAR
SAGAR VARTAK
VARTAK Date:
2026.08.24
12:59:16
+0530
Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2293 OF 2026
IN
INCOME TAX APPEAL (L.) NO. 20201 OF 2024
Principal Commissioner of Income Tax 8 Mumbai ...Applicant
Versus
National Stock Exchange of India Limited ...Respondent
_________
Mr. P. A. Narayanan for Applicant/Appellant.
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 77 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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