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Bombay High Court

PR COMMISSIONER OF INCOME TAX - SILIGURIversusZYDUS WELLNESS PRODUCTS LIMITED

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the 113‑day delay should be condoned and allowed the interim application.

Summary

The Commissioner of Income Tax, Siliguri filed an appeal (Income Tax Appeal (L) No. 19373 of 2024) against Zydus Wellness Products Limited. The applicant sought condonation of a 113‑day delay in filing the appeal under Section 260A of the Income Tax Act, 1961. The respondent raised only an oral opposition and filed no written objection to the condonation application. The Court examined the averments and, finding a sufficient case for condonation and no written opposition, held that justice required allowing the application. Consequently, the Court granted condonation of delay, directing that any office objections be removed within eight weeks or the appeal will be dismissed.

Issues considered

  • Whether a delay of 113 days in filing an income‑tax appeal under Section 260A can be condoned

Legislation cited

Subjects

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

Judgment

                                                                                        12-IA-769-25 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
12:57:41 +0530
                                         INTERIM APPLICATION NO. 769 OF 2025
                                                         IN
                                        INCOME TAX APPEAL (L) NO. 19373 OF 2024


                      Pr Commissioner of Income tax
                      Siliguri                                                 … Applicant
                             Versus
                      Zydus Wellness Products Limited AY
                      2016 17                                                  ...Respondents
                                                        _______
                      Mr. Vikas T. Khanchandani, for Applicant.
                      Ms. Jasmin Amalsadvala i/b. Lumiere Law Partners, 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 Ms. Amalsadvala, learned counsel for the respondent.

                      2.            By this interim application, the applicant has prayed for condonation of
                      delay of 113 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.

                      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).

                                                          Page 1 of 2
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                                                                12-IA-769-25 IN ITXAL.DOC



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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