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Bombay High Court

PR COMMISSIONER OF INCOME TAX 5 MUMBAIversusJSW Investment Pvt Ltd AY 2014 15 ITA 1088MUM2023

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the 83‑day delay in filing the appeal under Section 260A.

Summary

The Principal Commissioner of Income Tax filed an interim application seeking condonation of an 83‑day delay in filing an appeal under Section 260A of the Income Tax Act. The respondent opposed the application. The Court examined the memo and found the delay not gross and the reasons provided sufficient to justify the lapse. It held that in the interest of justice the delay should be condoned. Consequently, the application was allowed and the interim application disposed of without costs, with a direction to remove any office objections within eight weeks.

Issues considered

  • Whether the 83‑day delay in filing the appeal under Section 260A of the Income Tax Act can be condoned.

Legislation cited

Subjects

  • condonation of delay
  • Income Tax Appeal
  • Section 260A
  • interim application
  • justice

Judgment

          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.09.17
                                                                                            301- IA-2599-2024.DOC
          13:15:45
          +0530




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

                                         INTERIM APPLICATION NO. 2599 OF 2024
                                                         IN
                                        INCOME TAX APPEAL (L) NO. 18303 OF 2024

                       Principal Commissioner of Income
                       Tax-5, Mumbai                                            ...Applicant/Appellant
                              Versus
                       JSW Investment Pvt Ltd AY 2014 15                                ...Respondent
                                                         _______
                       Mr Vikas T Khanchandani, for Applicant/Appellant.
                       Mr Avanish Patil, i/b Vaish Associates, for Respondent.
                                                              _______

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

                                                    DATE:          11 SEPTEMBER 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 which is sought to be condoned is

                       of 83 days. Mr Avanish Patil, learned counsel appearing for the Respondent,

                       opposes this application.

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

                       and considering the period of delay not being very 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 hence allowed in terms of prayer clause (a). Interim



                                                           Page 1 of 2
                       Shivgan
                                                                      301- IA-2599-2024.DOC



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.)




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Shivgan


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