Created by Fuzzy Cloud

Bombay High Court

PR COMMISSIONER OF INCOME TAX 5 MUMBAIversusWest Pioneer Properties India Private Limited AY 18 19 ITA 1333MUM2023

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the delay and allowed the interim application.

Summary

The Principal Commissioner of Income Tax, Mumbai filed an appeal (Income Tax Appeal (L) No. 22556 of 2024) but delayed filing it by 144 days. The appellant sought condonation of this delay under Section 260A of the Income Tax Act, 1961. The respondent, West Pioneer Properties India Private Limited, raised only oral opposition and did not file a written objection. The Court examined the application, found the averments sufficient to justify condonation, and noted the absence of written opposition. In the interest of justice, the Court allowed the application for condonation, subject to the removal of any office objections within eight weeks, failing which the appeal would be dismissed.

Issues considered

  • Whether the delay of 144 days in filing the appeal can be condoned under Section 260A of the Income Tax Act, 1961.

Legislation cited

Subjects

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

Judgment

                                                                                   6 -IA 2601-2024 IN ITXAL.DOC


 JYOTI                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 RAJESH
 MANE                               ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
JYOTI RAJESH
MANE
Date: 2026.08.03
12:57:42 +0530
                                      INTERIM APPLICATION NO.2601 OF 2024
                                                      IN
                                     INCOME TAX APPEAL (L) NO. 22556 OF 2024

                      PR COMMISSIONER OF INCOME
                      TAX 5 MUMBAI                                          ...Applicant/Appellant

                            Versus
                      West Pioneer Properties India Private
                      Limited AY 18 19 ITA 1333MUM2023                      ...Respondents

                                                        _______
                      Mr. Vikas T. Khanchandani, for Applicant/Appellant.
                      Ms. Asifa Khan, for Respondents.
                                                            _______

                                                 CORAM:           G. S. KULKARNI &
                                                                  AARTI SATHE, JJ.

                                                 DATE:            31 JULY 2026

                      P.C.

                      1.         We have heard Mr. Khanchandani, learned counsel for the applicant

                      and Mr. Khan, learned counsel for the respondent.

                      2.         By this interim application, the applicant has prayed for condonation of
                      delay of 144 days caused in filing the aforesaid appeal under the provisions of
                      Section 260A of the Income Tax Act, 1961.

                      3.         We have perused the averments as made in the application, which make
                      out a sufficient case for the delay to be condoned. Also, there is no written
                      opposition placed on record on behalf of the respondent to this application,
                      although an oral opposition.




                                                         Page 1 of 2
                      Mane
                                                              6 -IA 2601-2024 IN ITXAL.DOC



4.            In the aforesaid circumstances, and in the interest of justice, the
application deserves to be allowed. It is accordingly allowed in terms of prayer
clause (a).

5.            Office objections, if any, be removed within a period of eight weeks

from today, failing which the appeal shall stand dismissed without further reference

to the Court.




       (AARTI SATHE, J.)                         (G. S. KULKARNI, J.)




                                   Page 2 of 2
Mane


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.