Commissioner Of Income Tax It 1 vs Anil Bhagwan Advani
2024 Latest Caselaw 22911 Bom

Bombay High Court

Commissioner Of Income Tax It 1 vs Anil Bhagwan Advani on 6 August, 2024

Author: G. S. Kulkarni

Bench: G. S. Kulkarni

             Digitally
             signed by


2024:BHC-OS:12553-DB
    VILAS
    RANE
             PRASHANT
    PRASHANT VILAS
             RANE
             Date:
             2024.08.17
                                                                                                  31-IA 1251-24.DOC
             13:08:15
             +0530




         PVR

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

                                             INTERIM APPLICATION NO. 1251 OF 2024
                                                             IN
                                            INCOME TAX APPEAL (L.) NO.9637 OF 2023

                          Pr. Commissioner of Income Tax IT -1                              ...Appellant
                                     Vs.
                          Anil Bhagwan Advani                                               ...Respondent
                                                          _______

                          Mr. Suresh Kumar for Appellant.
                          Mr.Jitendra Singh with Ms. Shivali S. Mhatre, for Respondent.
                                                           _______

                                                              CORAM:      G. S. KULKARNI &
                                                                          SOMASEKHAR SUNDARESAN, JJ.

                                                              DATED:      6 August 2024

                          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 01 day.

2. Mr. Singh, learned counsel for the respondent although has opposed

this application, he would not dispute the well settled position in law in

catena of judgments of the Supreme Court in regard to the principles to be

followed on condoning the delay.

6 August 2024

31-IA 1251-24.DOC

3. Having perused the memo of the application and considering the short

period of delay, 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.

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

5. The appeal accordingly be listed for admission, subject to removal of

objections, if any, to be removed within six weeks from today.

6. Disposed of in the above terms. No costs.

(SOMASEKHAR SUNDARESAN, J.) (G. S. KULKARNI , J.)

6 August 2024