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

Sections most often in play

Section 253(5)Section 250Section 143(3)Section 144Section 154Section 143(1)Section 147Section 246A

Issues it is cited on

section 253(5)section 51section 80ibreasonable causesection 17section 139(4)delay in filing appealcondonation of delaysection 253section 274section 154prescribed

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

Indira Educational and Charitable Trust, Chennai vs. ACIT, CPC - TDS, Ghaziabad

In the result, all the appeals of the assessee are allowed for

ITA 2176/CHNY/2019[2013-14 (Q-4)]Status: DisposedITAT Chennai26 Feb 2020

Bench: Shri Mahavir Singh & Shri M. Balaganeshआयकर अपील सं./Ita Nos. "नधा"रण वष" /Assessment Years 2173/Chny/2019 2013-14 2174/Chny/2019 2013-14 2175/Chny/2019 2013-14 2176/Chny/2019 2013-14 2177/Chny/2019 2014-15 2178/Chny/2019 2014-15 2179/Chny/2019 2014-15 2180/Chny/2019 2014-15 2181/Chny/2019 2015-16 2182/Chny/2019 2015-16 2183/Chny/2019 2015-16 2184/Chny/2019 2015-16 2185/Chny/2019 2015-16 2186/Chny/2019 2016-17 2187/Chny/2019 2014-15 M/S. Indira Educational & Charitable The Asst. Commissioner Of Trust, Income Tax, No.19, Govindan Street, Vs. Centralized Processing Cell Ayyavoo Colony, Aminjikarai, (Tds), Ghaziabad. Chennai – 600 029. [Pan: Aaati 3027K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mrs. Vijayaprabha, JCITFor Respondent: 26.02.2020
Section 02Section 154Section 200A

…his being reasonable and sufficient cause for not filing of the appeals on time, the delay should have condoned. In this connection, the Ld. Counsel also relied on the decision of Hon’ble Madras high Court in the case of CIT vs. KSP Shanmugavel Nadar [1985] 153 ITR 596 (Mad), wherein it is held by the Hon’ble High Court that the assessee pursuing the alternative remedies, the time taken in this proceedings should be taken into account while determining whether the assessee has sufficient cause for not presenting the appeals in time or not? ITA Nos.2173 to 2187/Chny/2019 (A.Y 2013-14 to 2016-17) M/s. Indira E…

Indira Educational and Charitable Trust, Chennai vs. ACIT, CPC - TDS, Ghaziabad

In the result, all the appeals of the assessee are allowed for

ITA 2175/CHNY/2019[2013-14 (Q-4)]Status: DisposedITAT Chennai26 Feb 2020

Bench: Shri Mahavir Singh & Shri M. Balaganeshआयकर अपील सं./Ita Nos. "नधा"रण वष" /Assessment Years 2173/Chny/2019 2013-14 2174/Chny/2019 2013-14 2175/Chny/2019 2013-14 2176/Chny/2019 2013-14 2177/Chny/2019 2014-15 2178/Chny/2019 2014-15 2179/Chny/2019 2014-15 2180/Chny/2019 2014-15 2181/Chny/2019 2015-16 2182/Chny/2019 2015-16 2183/Chny/2019 2015-16 2184/Chny/2019 2015-16 2185/Chny/2019 2015-16 2186/Chny/2019 2016-17 2187/Chny/2019 2014-15 M/S. Indira Educational & Charitable The Asst. Commissioner Of Trust, Income Tax, No.19, Govindan Street, Vs. Centralized Processing Cell Ayyavoo Colony, Aminjikarai, (Tds), Ghaziabad. Chennai – 600 029. [Pan: Aaati 3027K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mrs. Vijayaprabha, JCITFor Respondent: 26.02.2020
Section 02Section 154Section 200A

…his being reasonable and sufficient cause for not filing of the appeals on time, the delay should have condoned. In this connection, the Ld. Counsel also relied on the decision of Hon’ble Madras high Court in the case of CIT vs. KSP Shanmugavel Nadar [1985] 153 ITR 596 (Mad), wherein it is held by the Hon’ble High Court that the assessee pursuing the alternative remedies, the time taken in this proceedings should be taken into account while determining whether the assessee has sufficient cause for not presenting the appeals in time or not? ITA Nos.2173 to 2187/Chny/2019 (A.Y 2013-14 to 2016-17) M/s. Indira E…

Indira Educational and Charitable Trust, Chennai vs. ACIT, CPC - TDS, Ghaziabad

In the result, all the appeals of the assessee are allowed for

ITA 2174/CHNY/2019[2013-14 (Q-3)]Status: DisposedITAT Chennai26 Feb 2020

Bench: Shri Mahavir Singh & Shri M. Balaganeshआयकर अपील सं./Ita Nos. "नधा"रण वष" /Assessment Years 2173/Chny/2019 2013-14 2174/Chny/2019 2013-14 2175/Chny/2019 2013-14 2176/Chny/2019 2013-14 2177/Chny/2019 2014-15 2178/Chny/2019 2014-15 2179/Chny/2019 2014-15 2180/Chny/2019 2014-15 2181/Chny/2019 2015-16 2182/Chny/2019 2015-16 2183/Chny/2019 2015-16 2184/Chny/2019 2015-16 2185/Chny/2019 2015-16 2186/Chny/2019 2016-17 2187/Chny/2019 2014-15 M/S. Indira Educational & Charitable The Asst. Commissioner Of Trust, Income Tax, No.19, Govindan Street, Vs. Centralized Processing Cell Ayyavoo Colony, Aminjikarai, (Tds), Ghaziabad. Chennai – 600 029. [Pan: Aaati 3027K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mrs. Vijayaprabha, JCITFor Respondent: 26.02.2020
Section 02Section 154Section 200A

…his being reasonable and sufficient cause for not filing of the appeals on time, the delay should have condoned. In this connection, the Ld. Counsel also relied on the decision of Hon’ble Madras high Court in the case of CIT vs. KSP Shanmugavel Nadar [1985] 153 ITR 596 (Mad), wherein it is held by the Hon’ble High Court that the assessee pursuing the alternative remedies, the time taken in this proceedings should be taken into account while determining whether the assessee has sufficient cause for not presenting the appeals in time or not? ITA Nos.2173 to 2187/Chny/2019 (A.Y 2013-14 to 2016-17) M/s. Indira E…

Indira Educational and Charitable Trust, Chennai vs. ACIT, CPC - TDS, Ghaziabad

In the result, all the appeals of the assessee are allowed for

ITA 2173/CHNY/2019[2013-14 (Q-2)]Status: DisposedITAT Chennai26 Feb 2020

Bench: Shri Mahavir Singh & Shri M. Balaganeshआयकर अपील सं./Ita Nos. "नधा"रण वष" /Assessment Years 2173/Chny/2019 2013-14 2174/Chny/2019 2013-14 2175/Chny/2019 2013-14 2176/Chny/2019 2013-14 2177/Chny/2019 2014-15 2178/Chny/2019 2014-15 2179/Chny/2019 2014-15 2180/Chny/2019 2014-15 2181/Chny/2019 2015-16 2182/Chny/2019 2015-16 2183/Chny/2019 2015-16 2184/Chny/2019 2015-16 2185/Chny/2019 2015-16 2186/Chny/2019 2016-17 2187/Chny/2019 2014-15 M/S. Indira Educational & Charitable The Asst. Commissioner Of Trust, Income Tax, No.19, Govindan Street, Vs. Centralized Processing Cell Ayyavoo Colony, Aminjikarai, (Tds), Ghaziabad. Chennai – 600 029. [Pan: Aaati 3027K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mrs. Vijayaprabha, JCITFor Respondent: 26.02.2020
Section 02Section 154Section 200A

…his being reasonable and sufficient cause for not filing of the appeals on time, the delay should have condoned. In this connection, the Ld. Counsel also relied on the decision of Hon’ble Madras high Court in the case of CIT vs. KSP Shanmugavel Nadar [1985] 153 ITR 596 (Mad), wherein it is held by the Hon’ble High Court that the assessee pursuing the alternative remedies, the time taken in this proceedings should be taken into account while determining whether the assessee has sufficient cause for not presenting the appeals in time or not? ITA Nos.2173 to 2187/Chny/2019 (A.Y 2013-14 to 2016-17) M/s. Indira E…

Maggy Sunny( Prop.Sunny Jacob Jewellers 916 Kerala Showroom, Trivandrum vs. Theito, WD-3, Kottayam

In the result, both the appeal and the Stay Petition filed by the assessee are

ITA 258/COCH/2019[2008-09]Status: DisposedITAT Cochin20 Sept 2019AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable cause, the period of delay may not be relevant factor. In fact, the Madras High Court in the case of CIT v. K.S.P. Shanmugavel Nadai and Ors. (153 ITR 596) considered the delay of condonation 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, 1038 days cannot be considered to be inordinat…

Suresh G. Hundia, Mumbai vs. DCIT 2(4), Mumbai

In the result, appeal of the assessee is allowed

ITA 4858/MUM/2016[2006-07]Status: DisposedITAT Mumbai21 Aug 2019AY 2006-07

Bench: Shri M.Balaganesh, Am & Shri Amarjit Singh, Jm Shri Suresh G Hundia Vs. Dcit-2(4) (Erstwhile-Acit 14/A, Bharat Nagar, Cc-14, Mumbai) Grant Road Mumbai Mumbai Pan/Gir No.Aaqph7289E (Appellant) .. (Respondent)

Section 143(3)Section 154Section 40

…nderstood in the interest of substantial justice for condonation of delay had been considered and also by placing reliance on 3 Shri Suresh G. Hundia the decision of Hon’ble Madras High Court in the case of CIT vs. KSP Shanmugavel Nadar and Others reported in 153 ITR 596 (Mad) and Sreenivas Charitable Trust vs. DCIT reported in 280 ITR 357 (Mad), among other decisions of the Tribunal, had condoned the delay of 2819 days in the interest of substantial justice. 2.1. Respectfully following the said decision which had discussed elaborately on the aspect of condonation of delay, by referring to various judicial prece…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 172/COCH/2019[2015-16]Status: DisposedITAT Cochin08 Jul 2019AY 2015-16

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 171/COCH/2019[2014-15]Status: DisposedITAT Cochin08 Jul 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 170/COCH/2019[2013-14]Status: DisposedITAT Cochin08 Jul 2019AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 169/COCH/2019[2012-13]Status: DisposedITAT Cochin08 Jul 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 168/COCH/2019[2010-11]Status: DisposedITAT Cochin08 Jul 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 167/COCH/2019[2009-10]Status: DisposedITAT Cochin08 Jul 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 166/COCH/2019[2015-16]Status: DisposedITAT Cochin08 Jul 2019AY 2015-16

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 165/COCH/2019[2014-15]Status: DisposedITAT Cochin08 Jul 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 164/COCH/2019[2013-14]Status: DisposedITAT Cochin08 Jul 2019AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri.Varugehese M. Uthup, Kochi vs. The ACIT, Cen-Circle, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 163/COCH/2019[2012-13]Status: DisposedITAT Cochin08 Jul 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri Varghese M.Uthup, Kochi vs. The ACIT, Cen-Circle-2, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 162/COCH/2019[2010-11]Status: DisposedITAT Cochin08 Jul 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

Sri Varghese M.Uthup, Kochi vs. The ACIT, Cen-Circle-2, Kochi

In the result, the appeals of the assessee are partly allowed

ITA 161/COCH/2019[2009-10]Status: DisposedITAT Cochin08 Jul 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 144Section 153ASection 249(2)Section 271Section 271(1)(c)

…s a reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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, 71 days cannot be considered to be inordinate or e…

M/S.Al Zarafa Travels & Manpower Consultants P. Ltd, Ernakulam vs. The ACIT, Ernakulam

In the result, the appeals of the assessee are partly allowed

ITA 523/COCH/2018[2015-16]Status: DisposedITAT Cochin04 Feb 2019AY 2015-16

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 153CSection 179Section 230

…reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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 I.T.A. Nos.518 to 523/Coch/2018 the appeal. When compared to 21 years, 71 days cannot…

M/S.Al Zarafa Travels & Manpower Consultants P. Ltd, Ernakulam vs. The ACIT, Ernakulam

In the result, the appeals of the assessee are partly allowed

ITA 522/COCH/2018[2014-15]Status: DisposedITAT Cochin04 Feb 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 132Section 153CSection 179Section 230

…reasonable cause for not filing the appeal. We have to see the cause for the delay. When there was a reasonable 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 I.T.A. Nos.518 to 523/Coch/2018 the appeal. When compared to 21 years, 71 days cannot…