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Bombay High Court

PR COMMISSIONER OF INCOME TAX 8 MUMBAIversus9X MEDIA P LTD AY 2012 13 ITA 4600 MUM 2017

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the 69‑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 69‑day delay in filing an appeal under Section 260A of the Income Tax Act. The Respondent, 9X Media P Ltd, failed to appear despite service of notice. The Court examined the applicant’s justification for the delay and found it reasonable and not gross. Accordingly, the Court held that justice required condoning the delay. The interim application was allowed, disposing the matter without costs and directing removal of any office objections within eight weeks.

Issues considered

  • Whether the 69‑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 Act
  • Section 260A
  • interim application
  • procedural law
  • justice

Judgment

          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.09.17
                                                                                            302- IA-2992-2024.DOC
          13:15:44
          +0530




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

                                         INTERIM APPLICATION NO. 2992 OF 2024
                                                         IN
                                        INCOME TAX APPEAL (L) NO. 27208 OF 2024

                       Principal Commissioner of Income
                       Tax 8, Mumbai                                            ...Applicant/Appellant
                              Versus
                       9X Media P Ltd AY 2012-13                                ...Respondent
                                                               _______


                       Mr P A Narayanan, for Applicant/Appellant.
                       None for Respondent.
                                                               _______

                                                     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 69 days.

                       3.        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



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                                                                      302- IA-2992-2024.DOC



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.)




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Shivgan


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