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Bombay High CourtIA/1950/2025disposed off

Pr Commissioner Of Income Tax Central 4 v. Triumph Securities Ltdaaact2152p

2025-12-19Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe2 pages

125.IA.1950.2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1950 OF 2025 IN INCOME TAX APPEAL (L) NO.16155 OF 2023 Principal Commissioner of Income Tax Central 4 Applicant versus Triumph Securities Limited Respondent _______ Mr.Suresh Kumar for Applicant.

Mr.Mandar Vaidya for the Respondent.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

19th December 2025 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 15 days. On the Respondent/Assessee being served, the Respondent is represented by Mr.Mndar Vaidya, learned counsel. There is no written opposition filed to this application. Mr.Mandar Vaidya although has orally opposed this application, he would not dispute the well settled position in law in a catena of judgments of the Supreme Court in regard to the principles to be followed on condonation of delay and more particularly he would not dispute that, in the clear facts and circumstances of the case, as set out in the memo of the application, the Applicant/Revenue ought not to suffer or be rendered remediless in pursuing the Appeal, which seeks to raise a substantial question of law as raised in the memo of the Appeal.

2.

In the aforesaid circumstances, having perused the memo of the application and considering the period of delay not being very gross, in our opinion, the reasons as set out certainly provide for an appropriate justification and a sufficient cause shown by the MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2025.12.24 14:40:15 +0530 applicant in regard to the delay in filing the appeal. It is hence in the interest of justice Manish Thatte

125.IA.1950.2025.DOC that the delay is condoned.

3.

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

The Appeal accordingly be listed for admission, subject to removal of objections, if any, to be removed within ten weeks from today. 5.

Interim application stands disposed of in the above terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Manish Thatte