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Bombay High Court

PR COMMISSIONER OF INCOME TAX 1 MUMBAIversusANDHRA PRADESH EXPRESSWAY LTD 11 12

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the eight‑day delay is condoned as the applicant showed sufficient cause.

Summary

The Commissioner of Income Tax (Mumbai) filed an interim application seeking condonation of an eight‑day delay in filing an appeal under Section 260A of the Income Tax Act. The respondent, Andhra Pradesh Expressway Ltd, opposed the application, though no written opposition was filed. The Court examined the memo and noted that the delay was minimal and the reasons provided constituted sufficient cause. The judges held that justice required condoning the delay. Consequently, the application was allowed and the matter was disposed without costs, with a direction to remove any office objections within eight weeks.

Issues considered

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

Legislation cited

Subjects

  • condonation of delay
  • Section 260A
  • Income Tax Appeal
  • interim application
  • High Court of Bombay

Judgment

          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.09.17
                                                                                             311-IA-6897-2025.DOC
          13:15:44
          +0530




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

                                         INTERIM APPLICATION NO. 6897 OF 2025
                                                         IN
                                        INCOME TAX APPEAL (L) NO. 10785 OF 2024

                       Pr Commissioner Of Income Tax 1 Mumbai                          ...Applicant
                             Versus
                       Andhra Pradesh Expressway Ltd AY 2011-12                        ...Respondent
                                                        _______
                       Mr Y S Bhate, for Applicant/Appellant.

                       Ms Sofiya Shanmugam, with Saksham Singhal, i/b Vaish Associates, for
                       Respondent.

                                                              _______

                                                    CORAM:         G. S. KULKARNI &
                                                                   DR. NEELA GOKHALE, JJ.

                                                    DATE:          11th SEPTEMBER 2026

                       P.C.

                       1.        We have heard learned counsel for the parties 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 08 days. Learned counsel for the Respondent has opposed the application

                       although no written opposition is filed to this application.

                       2.        In the aforesaid circumstances, having perused the memo of the application

                       and considering the period of delay being very short, 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 in the

                       interest of justice that the delay is condoned.


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                       Shivgan
                                                                       311-IA-6897-2025.DOC



3.        The application is hence allowed in terms of prayer clause (a). Interim

application stands disposed of in the above terms. No costs.

4.        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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