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Bombay High Court

PRINCIPAL COMMISSIONER OF INCOME TAX 5 MUMBAIversusVODAFONE IDEA LIMITED - AY 2010-11 ITA 2344/M/2015

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the delay may be condoned and allowed the interim application.

Summary

The Principal Commissioner of Income Tax, Mumbai filed an appeal (Income Tax Appeal (L) No. 15071 of 2024) but failed to file it within the prescribed period, resulting in a 98‑day delay. The applicant sought condonation of this delay under Section 260A of the Income Tax Act, 1961. The respondent did not file any written opposition, though an oral objection was noted. The Court examined the application and found the reasons for delay sufficient and, in the interest of justice, allowed the condonation. Consequently, the interim application was granted, subject to removal of any office objections within eight weeks, failing which the appeal would be dismissed.

Issues considered

  • Whether the 98‑day delay in filing the appeal can be condoned under Section 260A of the Income Tax Act, 1961.

Legislation cited

Subjects

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

Judgment

                                                                                     10--IA-3165-24 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
12:57:39 +0530
                                       INTERIM APPLICATION NO. 3165 OF 2024
                                                       IN
                                      INCOME TAX APPEAL (L) NO. 15071 OF 2024


                      PR COMMISSIONER OF INCOME
                      TAX 5 MUMBAI                                            … Applicant
                            Versus
                      VODAFONE IDEA LIMITED - AY 2010-
                      11 ITA 2344/M/2015                                      ...Respondents
                                                         _______
                      Mr. Vikas T. Khanchandani, for Applicant.
                      Mr. Jitendra Singh a/w. Ms.Shivali Mhatre and Mr. Rajesh Gaikwad,
                      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. Tripathi, learned counsel for the respondent.

                      2.         By this interim application, the applicant has prayed for condonation of
                      delay of 98 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
                                                               10--IA-3165-24 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


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