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Bombay High Court

PR COMMISSIONER OF INCOME TAX CENTRAL 3versusFUTURE GENERALI INDIA LIFE INSURANCE CO LTD

Decided
Disposal
DISPOSED OFF

Holding

The delay of 179 days in filing the appeal under Section 260A is condoned as sufficient cause and justification are shown.

Summary

The Principal Commissioner of Income Tax filed an interim application seeking condonation of a 179‑day delay in filing an appeal under Section 260A of the Income Tax Act. The Respondent, Future Generali India Life Insurance Co Ltd, failed to appear despite service of notice, and no opposition was filed. The applicant’s counsel, Ms. Gokhale Swapna Vaibhav, argued that sufficient cause and justification existed for the delay. The bench, noting the absence of any objection and the applicant’s detailed reasons, held that justice required condoning the delay. Consequently, the interim application was allowed and the appeal may proceed. The court also directed that any office objections be removed within eight weeks, with no costs awarded.

Issues considered

  • Whether the delay of 179 days in filing the 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
  • service of notice
  • appeal filing

Judgment

          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.09.17
                                                                                            316- IA-2302-2026.DOC
          13:15:44
          +0530




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

                                         INTERIM APPLICATION NO.2302 OF 2026
                                                         IN
                                        INCOME TAX APPEAL (L) NO. 25979 OF 2024

                       Principal Commissioner of Income
                       Tax Central 3                                            ...Applicant/Appellant
                              Versus
                       Future Generali India Life
                       Insurance Co Ltd                                         ...Respondent
                                                               _______

                       Ms Gokhale Swapna Vaibhav, for applicant/appellant.
                                                               _______

                                                     CORAM:          G. S. KULKARNI &
                                                                     DR. NEELA GOKHALE, JJ.

                                                     DATE:           11 SEPTEMBER 2026

                       P.C.

                       1.        Despite service of notice, none appears for the Respondent. An affidavit of

                       service to that effect is placed on record.

                       2.        We have heard learned counsel for the Applicant/Appellant 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 which is sought to be

                       condoned is of 179 days. There is no written opposition filed to this application by

                       the learned counsel for the Respondent.

                       3.        In the aforesaid circumstances, having perused the memo of the application

                       and there being no opposition to this application, 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 h e n c e


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                                                                        316- IA-2302-2026.DOC



i n t h e i n t e r e s t 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.)




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Shivgan


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