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Bombay High Court

PRINICIPAL COMMISSIONER OF INCOME TAX 6 MUMBAIversusMAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AY 12-13

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the 58‑day delay in filing the appeal under Section 260A of the Income Tax Act.

Summary

The Principal Commissioner of Income Tax filed an interim application seeking condonation of a 58‑day delay in filing an appeal under Section 260A of the Income Tax Act. The respondent, Maharashtra State Electricity Distribution Company Ltd., did not file any written opposition. The Court examined the memo and found the delay not gross and the reasons provided sufficient to justify the lapse. Consequently, the Court held that justice required condoning the delay. The application was allowed, granting the condonation, and no costs were awarded. The Court also directed that any office objections be removed within eight weeks.

Issues considered

  • Whether a delay of 58 days in filing an appeal under Section 260A of the Income Tax Act can be condoned.
  • Whether the applicant has shown sufficient cause to justify the delay.

Legislation cited

Subjects

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

Judgment

             Digitally
             signed by
             PRAJAKTA
                                                                                        307-IA 2395-26.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. 2395 OF 2026
                                                   IN
                                  INCOME TAX APPEAL (L.) NO. 20429 OF 2024
       Principal Commissioner of Income Tax 6 Mumbai                              ...Applicant
              Versus
       Maharashtra State Electricity Distribution Company Ltd.                    ...Respondent
                                           _________
       Mr. Akhileshwar Sharma 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
       58 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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