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Bombay High Court

PR COMMISSIONER OF INCOME TAX CENTRAL 4versusmacrotech developers limited

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the delay and allowed the interim application.

Summary

The Principal Commissioner of Income Tax Central‑4 filed an interim application seeking condonation of a 23‑day delay in filing an appeal under Section 260A of the Income‑Tax Act, 1961. The respondent, Macrotech Developers Limited, opposed the condonation. The Court examined the length of delay and applied the settled principles governing condonation of procedural delays. Finding no substantive impediment, the Court held that the delay should be condoned. Consequently, the interim application was allowed, the applicant was directed to remove any office objections within eight weeks, and the appeal was to be listed for admission, with no costs awarded.

Issues considered

  • Whether the 23‑day delay in filing the appeal under Section 260A of the Income‑Tax Act, 1961, can be condoned.

Legislation cited

Subjects

  • condonation of delay
  • Income‑Tax Act
  • Section 260A
  • procedural law
  • High Court of Bombay

Judgment

           Digitally
           signed by
           PRAJAKTA
PRAJAKTA   SAGAR
SAGAR
VARTAK
           VARTAK
           Date:
                                                                                             9-IA 3077-24.DOC
           2026.09.02
           16:59:44
           +0530




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

                                     INTERIM APPLICATION NO. 3077 OF 2024
                                                     IN
                                    INCOME TAX APPEAL (L) NO. 25825 OF 2024

                    The Principal Commissioner of Income Tax Central-4 … Applicant/Appellant
                          Vs.
                    Macrotech Developers Limited                       … Respondent
                                                     _________

                    Mr. Suresh Kumar for the applicant/appellant.
                    Mr. Jas Sanghavi with Ms. Linzy Sharan i/b. PDS Legal for Respondent.
                                                      __________
                                                 CORAM:         G. S. KULKARNI &
                                                                DR. NEELA GOKHALE, JJ.
                                                 DATE:          29 AUGUST, 2026.
                    P.C.

                    1.       By this Interim Application, the applicant/appellant has prayed for
                    condonation of delay of 23 days in filing the aforesaid Appeal under Section
                    260A of the Income-tax Act, 1961. The Interim Application is opposed by Mr.
                    Sanghavi, learned counsel for the respondent.
                    2.     We have perused the averments made in the application. Considering the
                    period of delay and the settled principles of law governing applications for
                    condonation of delay, in our opinion, it is appropriate that the delay is condoned.
                    3.     The application is accordingly allowed in terms of prayer clause (a).
                    4.     Office objections, if any, be removed within a period of eight weeks from
                    today.
                    5.     List the appeal for admission after the removal of office objections.
                    6.     Interim Application stands disposed of in the aforesaid terms. No costs.




                    (DR. NEELA GOKHALE, J.)                                   (G. S. KULKARNI, J.)




                                                        Page 1 of 1
                                                      29 August, 2026


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