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Bombay High Court

PR COMMISSIONER OF INCOME TAX CENTRAL 3versusICICI PRUDENTIAL LIFE INSURANCE CO LTD

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the 20‑day delay and allowed the interim application.

Summary

The Principal Commissioner of Income Tax Central filed an appeal under Section 260A of the Income Tax Act but failed to lodge it within the prescribed time, resulting in a 20‑day delay. The applicant sought condonation of this delay through an interim application, citing sufficient cause and justification. The respondent, ICICI Prudential Life Insurance Co. Ltd., did not appear or file a response. The High Court examined the memo and found the delay not to be gross and the reasons satisfactory. Consequently, the Court held that justice required condoning the delay and allowed the interim application. No costs were awarded and the court directed removal of any office objections within eight weeks.

Issues considered

  • Whether a delay of 20 days in filing an appeal under Section 260A of the Income Tax Act can be condoned.

Legislation cited

Subjects

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

Judgment

             Digitally
             signed by
             PRAJAKTA
                                                                                               305-IA 2299-26.DOC
     PRAJAKTA SAGAR
     SAGAR    VARTAK
     VARTAK   Date:
             2026.08.24
             12:59:15
             +0530



Prajakta Vartak

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                     INTERIM APPLICATION NO. 2299 OF 2026
                                                     IN
                                    INCOME TAX APPEAL (L.) NO. 12677 OF 2024
       Principal Commissioner of Income Tax Central 3                           ...Applicant
              Versus
       ICICI Prudential Life Insurance Co. Ltd.                                 ...Respondent
                                             _________
       Ms. Ankita Singh i/b. Ms. Swapna Gokhale for Applicant/Appellant.
                                          __________

                                                         CORAM:         G. S. KULKARNI &
                                                                        DR. NEELA GOKHALE, JJ.
                                                         DATE:          21 AUGUST 2026

       P.C.


       1.                 Affidavit of service is already filed. Despite notice, respondent is not represented.

       2.                 We have heard learned counsel for the applicant 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 to be condoned is of 20 days.

       3.                 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.

       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.)




                                                        Page 1 of 1
                                                      21 August 2026


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