Ganga Sahai Ram Swarup v. ITAT

271 ITR 512High Court2004#3901 most cited

What is Ganga Sahai Ram Swarup v. ITAT authority for?

A liberal view should be taken when condoning a short delay in filing an appeal, especially when the appellant stands to gain nothing from the delay. Provisions limiting time should be interpreted liberally to advance substantial justice.

30

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

Ganga Sahai Ram Swarup v. ITAT · delay in filing appeal · condonation of delay · liberal interpretation · sufficient cause · short period delay · substantial justice · Allahabad High Court

Judgments citing Ganga Sahai Ram Swarup v. ITAT

BIJAY KUMAR SWAIN,CUTTACK vs. INCOME TAX OFFICER, NFAC

In the result, appeal of the assessee stands allowed for statistical purposes

ITA 118/CTK/2024[2013-14]Status: HeardITAT Cuttack17 May 2024AY 2013-14

Bench: Before Shri Rajpal Yadavrajpal Yadav & Shri R.K.Pandar.K.Pandaassessment Year : 2013-14 Bijay Kumar Swain, Bijay Kumar Swain, Vs. Income Tax Officer, Nfac, Income Tax Officer, Nfac, M/S. M/S. Jholei Swain Jholei Swain & & Sons, Sons, Delhi Khajoor Godown, Chhatra Bazar, Khajoor Godown, Chhatra Bazar, Fruit Market, Cuttack Fruit Market, Cuttack Pan/Gir No Pan/Gir No. (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Lalatendu Sahu, Ca Lalatendu Sahu, Ca Revenue By : Shri S.C.Mohanty, Ld Sr Dr : Shri S.C.Mohanty, Ld Sr Dr Date Of Hearing : 17/0 05/2024 Date Of Pronouncement : 17/0 /05/2024 O R D E R Per R.K.Pandaper R.K.Pandathis Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 19.12.2023 In Appeal No. In Appeal No.Nfac/2012- 13/10150448 Relating To The Assessment Year 2013-14. 14. 2. The Appeal Is Time Barred By 17 Days. The Assessee Has Filed The Appeal Is Time Barred By 17 Days. The Assessee Has Filed The Appeal Is Time Barred By 17 Days. The Assessee Has Filed A Condonation Petition Supported By Petition Supported By An Affidavit, Inter Alia, Stating That Due , Inter Alia, Stating That Due To His High Blood Pressure & Prolonged Illness, He Was Advised By The His High Blood Pressure & Prolonged Illness, He Was Advised By The His High Blood Pressure & Prolonged Illness, He Was Advised By The Doctor To Take One Month Rest. Therefore, There Was Doctor To Take One Month Rest. Therefore, There Was A Delay Of 17 Days In P A G E 1 | 5 Assessment Year : 2013-14

For Appellant: Shri Lalatendu Sahu, CAFor Respondent: Shri S.C.Mohanty, ld Sr DR
Section 142(1)Section 144Section 147Section 148Section 69A

…ion of delay. 3. After going through the condonation petition, we find that the assessee has a reasonable cause for not filing the appeal within the stipulated time. The Hon’ble Allahabad High Court in the case of Ganga Sahai Ram Swarup and another vs. ITAT, 271 ITR 512 (All) held that the delay of short period should be condoned because the assessee was not going to gain anything out of it. We, therefore, condone the delay of 17 days in filing the appeal before the Tribunal and admit the appeal for hearing. 4. Although a number of grounds have been raised, however, all these relate to the exparte order of ld C…

ORISSA CHROME EXPORT & MINING COMPANY PVT. LTD.,BHUBANESWAR vs. ACIT, CIRCLE-1(2), BHUBANESWAR

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

ITA 4/CTK/2020[2014-15]Status: HeardITAT Cuttack22 Feb 2023AY 2014-15

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2014-15 Orissa Orissa Chrome Chrome Export Export & & Vs. Acit, Circle Acit, Circle-1(2), Mining Company Pvt Ltd., A Mining Company Pvt Ltd., A- Bhubaneswar Bhubaneswar 65/1, 65/1, Nayapali, Nayapali, Bhubaneswar Bhubaneswar Pan/Gir No. Pan/Gir No.Aaaco 4389 B (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.R.Mohanty, Ar P.R.Mohanty, Ar Revenue By : Shri Suresh Shivanand Shivanandan, Cit Dr Date Of Hearing : 22/0 02/2023 Date Of Pronouncement : 22/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A) -1, Bhubaneswar, 1, Bhubaneswar, Dated17.9.2019 In Appeal No. In Appeal No.0344/16-17 For The Assessment Year Assessment Year 2014-15. 2. Shri P.R.Mohanty, Ld Ar Appeared For Th Shri P.R.Mohanty, Ld Ar Appeared For The Assessee & Shri S E Assessee & Shri Suresh Shivanandan, Ld Cit Dr Appeared For The Revenue. , Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri P.R.Mohanty, ARFor Respondent: Shri Suresh Shivanand

…able cause for not filing the appeal P a g e 1 | 8 Assessment Year : 2014-15 within the stipulated time. Ld D.R. did not have any objection for condoning the delay. The Hon’ble Allahabad High Court in the case of Ganga Sahai Ram Swarup and another vs. ITAT, 271 ITR 512 (All) held that the delay of short period should be condoned because the assessee was not going to gain anything out of it.We, therefore, condone the delay of 34 days in filing the appeal before the Tribunal and admit the appeal for hearing. 4. It was submitted by ld AR that in the assessee’s appeal, three primary issues are involved, the first…

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Ganga Sahai Ram Swarup v. ITAT (271 ITR 512) — Cited in 30 Judgments | BharatTax