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Bombay High Court

PR COMMISSIONER OF INCOME TAX 5 MUMBAIversusTHE GREAT EASTERN SHIPPING CO LTD AY 2014 15 ITA 1597 MUM 2018

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the 155‑day delay in filing the appeals under Section 260A.

Summary

The Principal Commissioner of Income Tax-5, Mumbai filed three income‑tax appeals under Section 260A of the Income‑Tax Act, 1961, but delayed filing them by 155 days. The Commissioner sought condonation of this delay through interim applications, which were opposed by the respondent, The Great Eastern Shipping Co. Ltd. The Court examined the period of delay and applied the settled principles governing condonation of delay in tax matters. Finding the delay excusable, the Court ordered that the delay be condoned. Consequently, the interim applications were allowed, granting the condonation without any costs.

Issues considered

  • Whether the delay of 155 days in filing the income‑tax appeals under Section 260A can be condoned.

Legislation cited

Subjects

  • condonation of delay
  • Income‑Tax Appeal
  • Section 260A
  • procedural law
  • tax litigation

Judgment

                                                                                          301.ITXA3103_2024.DOC
  2026:BHC-OS:20665-DB

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

                                            INTERIM APPLICATION NO. 3103 OF 2024
                                                            IN
                                           INCOME TAX APPEAL (L) NO. 28493 OF 2024
                                                           AND
                                            INTERIM APPLICATION NO. 3104 OF 2024
                                                            IN
                                           INCOME TAX APPEAL (L) NO. 28513 OF 2024
                                                           AND
                                            INTERIM APPLICATION NO. 3152 OF 2024
                                                            IN
                                           INCOME TAX APPEAL (L) NO. 28504 OF 2024

                        Principal Commissioner of Income Tax-5, Mumbai                  … Applicant
                               Vs.
                        The Great Eastern Shipping Co. Ltd.                             … Respondent
                                                           __________
                        Mr. Vikas T. Khanchandani for the applicant.
                        Mr. Atul K. Jasani for the respondent.
                                                           __________
                                                     CORAM:         G. S. KULKARNI &
                                                                    DR. NEELA GOKHALE, JJ.
                                                     DATE     :     18 SEPTEMBER, 2026.
                        P.C.

                        1.       By these Interim Applications, the applicant/appellant has prayed for
                        condonation of delay of 155 days in filing the aforesaid Appeals under Section
                        260A of the Income-tax Act, 1961. The Interim Applications are opposed by Mr.
                        Jasani, 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 Interim Applications are accordingly allowed in terms of prayer clause
                        (a).

                        4.       Interim Applications stand disposed of in the aforesaid terms. No costs.



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

Signed by: Vidya S. Amin                                    Page 1 of 1
Designation: PS To Honourable Judge                     18 September, 2026
Date: 21/09/2026 11:42:59


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