2026 (3) TMI 493

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....rder dated 17th June, 2025 passed by Additional/JCIT (A)-1 Nashik passed in Appeal No. ADDL/JCIT (A)-1 NASHIK/10006/2019-20 refusing to condone the delay of 822 days in filing appeal is assailed in this present writ petition and challenge is also made to intimation dated 24.12.2021 under Section 143 of the Income Tax Act, 1961 disallowing a sum of Rs. 2,60,16,856/- claimed to be exempted under Section 12AA/10(23)(c) read with Section 11 of the Income Tax Act, 1961. 2. Aggrieved thereby in order to ventilate its grievance, an appeal was preferred on 25.04.2024 with a delay of around 822 days. Explaining the cause for the delay in filing appeal, a petition for condonation of delay was filed which came to be rejected and thereby the appeal ....

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....ding Counsel appearing for the opposite parties opposing the submissions and arguments so advanced by the learned Senior Advocate appearing for the petitioner submitted that being indolent assessee, the petitioner is not entitled to be protected and granted relief as sought for. Therefore, vehemently contesting the matter, he insisted for dismissal of writ petition in limine. 5. Heard Mr. Jagabandhu Sahoo, learned Senior Advocate along with Ms. Kajal Sahoo and Mr. Romeet Panigrahi, learned counsel appearing for the petitioner and Mr. Subash Chandra Mohanty, learned Senior Standing Counsel appearing for the opposite parties. 6. Perusal of the record it transpires that the petitioner has been disallowed claim for exemption under Section....

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....mitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining with effect from 01.03.2022 is greater than 90 days, that longer period shall apply. IV.  It is further clarified that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which ....

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....ed for one opportunity before the Appellate Authority for adducing evidence in support of exemption as claimed in the returns. This Court does not perceive in the aforesaid facts and circumstances any deliberate attempt on the part of the petitioner for the delay. This Court, taking a pragmatic view of the matter in exercise of power under Article 226 of the Constitution of India, condones the delay perceiving sufficient cause being assigned by the petitioner and sets aside the order dated 26th September, 2025 passed by the learned Income Tax Appellate Tribunal, Cuttack Bench, Cuttack and the order dated 17th June, 2025 passed by the Additional/JCIT (A)-1 Nashik passed in Appeal No. ADDL/JCIT (A)-1 NASHIK/10006/2019-20 and restore the appea....