Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi and Others

118 ITR 507Supreme Court of India1979#301 most cited

What is Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi and Others authority for?

For condoning delay, the term 'sufficient cause' must be interpreted liberally and purposively to advance justice. Delay not tainted by mala fides, gross negligence, or recklessness, and based on honestly obtained legal advice, constitutes sufficient cause.

268

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2014 to 2026.

Also referred to as

Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi · 118 ITR 507 · condonation of delay · sufficient cause · liberal interpretation · legal advice · mala fides · gross negligence · Section 253(5) · delay in filing appeal · Supreme Court.

Issues it is cited on

Judgments citing Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi and Others

M/S. Bangalore Metro Rail Corporation Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle - 1(1)(2), Bangalore

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

ITA 1111/BANG/2019[2010-11]Status: DisposedITAT Bangalore29 Apr 2022AY 2010-11

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2010-11 M/S. Bangalore Metro Rail Corporation Ltd., The Deputy 3Rd Floor, Bmtc Commissioner Of Complex, Income Tax, K H Road, Circle – 1 [1][2], Shanti Nagar, Vs. Bangalore. Bangalore – 560 027. Pan: Aaacb4881D Appellant Respondent Assessee By : Shri Sreehari Kutsa, Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr Date Of Hearing : 25-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 26/02/2019 Passed By The Ld. Cit(A)-1, Bangalore For Assessment Year 2010-11 On Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Income-Tax (Appeals), Passed Under Section 250 Of The Act In So Far As It Is Against The Appellant Is Opposed To Law, Equity, Weight Of Evidence, Probabilities & The Facts & Circumstances In The Appellant'S Case. 2. The Learned Cit(A) Is Not Justified In Refusing To Admit The Appeal Of The Appellant On The Grounds That Delay In Filing Of The Appeal Cannot Be Condoned On The Facts & Circumstances Of The Case.

For Appellant: Shri Sreehari Kutsa, Advocate
Section 234BSection 234DSection 250

…and dispose-off the matter based on the merits of the matter and not on the basis of technicalities. (i) Collector, Land Acquisition vs. MST. Katiji and Others (1987) 167 ITR 471 (SC); (ii) Concord of India Insurance Co. Ltd., vs. Smt. Nirmala Devi and Others 118 ITR 507 (SC); (iii) Radha Krishna Rai vs. Allahabad Bank & Others [2009] 9 SCC 733; (iv) CIT vs. West Bengal Infrastructure Development Finance Corporation Limited [2011] 334 ITR 269 (SC); (v) Improvement Trust, Ludhiana v. Ujagar Singh & Ors.in Civil Appeal No. 2395 of 2008 (SC); (vi) Ram Nath Sao v. Gobardhan Sao reported in AIR 2002 SC 1201; The asses…

Shri Muniyappa Narashimaiah, Bangalore vs. Income Tax Officer, Ward- 6(2)(3), Bangalore

In the result, appeal of the assesseeis treated as allowed for statistical purposes

ITA 26/BANG/2021[2013-14]Status: DisposedITAT Bangalore27 Apr 2022AY 2013-14

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathyassessment Year :2013-14 Shri. Muniyappa Narashimaiah, Vs. Ito, No.120/1, Hessarghatta Main Road, Ward – 6(2)(3), Bhuvaneshwari Nagar, T Dasarahalli, Bengaluru. Bengaluru – 560 057. Pan : Abmpn 5245 R Appellant Respondent Assessee By : Shri. Mahesh Kumar, Advocate Revenue By : Shri. Priyadarshini Mishra, Addl. Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 25.04.2022 Date Of Pronouncement : 27.04.2022 O R D E R Per N. V. Vasudevan: . V. Vasudevan

For Appellant: Shri. Mahesh Kumar, AdvocateFor Respondent: Shri. Priyadarshini Mishra, Addl. CIT(DR)(ITAT), Bengaluru
Section 10(37)Section 143(3)Section 263Section 54Section 54B

…ondonation of delay is allowed. Reliance is placed on the decision of the Hon'ble Apex Court in the case ofCollector, Land Acquisition vs. MST. Katiji & Others (1987) 167 ITR 471Concord of India Insurance Co. Ltd., Vs Smt. Nirmala Devi and Page 5 of 9 Others 118 ITR 507.Radha Krishna Rai Vs. Allahabad Bank & Others [2000] 9 Supreme Court Cases 733. 8. Learned DR opposed the prayer of the assessee for condoning of delay and in this regard placed reliance on the decision of the Hon’ble Madras High Court in the case of T. Lakshmi CMP No.10954/2021 wherein the Hon’ble Madras High Court refused to condone delay in fi…