CIT v. K.S.P. Shanmugavel Nadai and Ors.

153 ITR 596High Court1985#564 most cited

What is CIT v. K.S.P. Shanmugavel Nadai and Ors. authority for?

Where a reasonable cause for delay in filing an appeal exists, the period of delay may not be a relevant factor for condonation. The court has condoned even substantial delays, such as nearly 21 years, based on the presence of a reasonable cause.

171

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. K.S.P. Shanmugavel Nadai and Ors. · section 253(5) · section 253 · condonation of delay · delay in filing appeal · reasonable cause · period of delay · condoning 21 years delay · section 250

Issues it is cited on

Judgments citing CIT v. K.S.P. Shanmugavel Nadai and Ors.

Shri Guru Gajadandeshwara Charitable Trust, Devarabhupur, Lingasagur vs. The Income Tax Officer, Exemption, Exemption Ward-1, Kalburgi

In the result, appeal filed by the assessee is partly allowed for statistical purposes

ITA 502/BANG/2025[2025-26]Status: DisposedITAT Bangalore30 Jul 2025AY 2025-26

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: Na Shri Guru Gajadandeshwara Charitable Trust 1 Devarabhupur Post Devabhupur Cit (Exemption) Lingasugur Vs. Ward-1 Raichur 584 139 Kalburgi Karnataka Pan No : Aazts9450P Appellant Respondent Appellant By : Sri Ramanagowda S Gowdari, A.R. Respondent By : Sri Sridhar E., D.R. Date Of Hearing : 15.05.2025 Date Of Pronouncement : 30.07.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld. Cit (Exemption) Dated 26.9.2024 Vide Din & Order No. Itba/Exm/F/Exm45/2024-25/1069118346(1) Cancelling The Approval U/S 80G Of The Act Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sri Ramanagowda S Gowdari, A.RFor Respondent: Sri Sridhar E., D.R
Section 253(5)Section 80G

…as a reasonable cause for not filing the appeal. We have to see the cause of the delay. When there was a sufficient cause, the period of delay may not be relevant factor. In fact, the Madras High Court in the case of CIT vs. K.S.P. Shanmugavel Nadai and Ors. (153 ITR 596) considered the condonation of delay and held that there was sufficient and reasonable cause on the part of the assessee for not filing the appeal within the period of limitation. Accordingly, the Madras High Court condoned nearly 21 years of delay in filing the appeal. When compared to 21 years, 99 days cannot be considered to be inordinate or e…