J.B. Advani & Co. (P.) Ltd. v. CIT

72 ITR 395Supreme Court of India1969#4606 most cited

What is J.B. Advani & Co. (P.) Ltd. v. CIT authority for?

The delay in filing an appeal must be explained with a sufficient cause for the entire period. The explanation must be real, reasonable, and fit the specific facts and circumstances of the case to warrant condonation.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2013 to 2026.

Also referred to as

J.B. Advani & Co. (P.) Ltd. v. CIT · section 249(3) · condonation of delay · sufficient cause · reasonable cause · delay in filing appeal · explanation of delay · first appeal · judicial discretion · limitation

Issues it is cited on

Judgments citing J.B. Advani & Co. (P.) Ltd. v. CIT

PARANJYOTHI THOTA,HYDERABAD vs. ACIT, CIRCLE-5(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

ITA 2079/HYD/2025[2012-13]Status: DisposedITAT Hyderabad25 Feb 2026AY 2012-13

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha G.आ.अपी.सं /Ita Nos. 2050 & 2079/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2012-13) Smt. Paran Jyothi Thota Vs. Asstt. Cit Hyderabad Circle 5(1) Pan:Ajqpt7772F Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Advocate C. Anurag रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Sr. Dr सुिवधई की तधरीख/Date Of Hearing: 12/02/2026 घोर्णध की तधरीख/Pronouncement: 25/02/2026 आदेश/Order Per Manjunatha, G. A.M. These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 09/09/2025 & 25/09/2025, For The Assessment Year 2012-13. Page 1 Of 33

For Appellant: Advocate C. AnuragFor Respondent: Dr. Sachin Kumar, Sr. DR
Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 50C

…50 and 2079 of 2025 Paranjyothi Thota (vi) Requirement of sufficient cause for delay cannot be ignored, and it becomes very important and significant when the delay is inordinate and abnormal. (vii) In the matter of J.B. Advani & Co. (P.) Ltd. v. CIT [1969] 72 ITR 395 Hon'ble Supreme Court had held that explanation of delay for the entire period is necessary. In other words what is expected of the appellant in such matters is to show that delay was occasioned due to some sufficient cause. The cause pleaded should not only be a probable one, but it should be real and sufficiently reasonable. It would not be any…

PARANJYOTHI THOTA,HYDERABAD vs. ACIT, CIRCLE-5(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

ITA 2050/HYD/2025[2012-13]Status: DisposedITAT Hyderabad25 Feb 2026AY 2012-13

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha G.आ.अपी.सं /Ita Nos. 2050 & 2079/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2012-13) Smt. Paran Jyothi Thota Vs. Asstt. Cit Hyderabad Circle 5(1) Pan:Ajqpt7772F Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Advocate C. Anurag रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Sr. Dr सुिवधई की तधरीख/Date Of Hearing: 12/02/2026 घोर्णध की तधरीख/Pronouncement: 25/02/2026 आदेश/Order Per Manjunatha, G. A.M. These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 09/09/2025 & 25/09/2025, For The Assessment Year 2012-13. Page 1 Of 33

For Appellant: Advocate C. AnuragFor Respondent: Dr. Sachin Kumar, Sr. DR
Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 50C

…50 and 2079 of 2025 Paranjyothi Thota (vi) Requirement of sufficient cause for delay cannot be ignored, and it becomes very important and significant when the delay is inordinate and abnormal. (vii) In the matter of J.B. Advani & Co. (P.) Ltd. v. CIT [1969] 72 ITR 395 Hon'ble Supreme Court had held that explanation of delay for the entire period is necessary. In other words what is expected of the appellant in such matters is to show that delay was occasioned due to some sufficient cause. The cause pleaded should not only be a probable one, but it should be real and sufficiently reasonable. It would not be any…

SUBHA HARIHARAN ,MUMBAI vs. INCOME TAX OFFICER 35(3)(4), MUMBAI

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

ITA 1154/MUM/2025[2011-12]Status: DisposedITAT Mumbai13 Oct 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2011-12 Subha Hariharan Income Tax Officer, Plot No. 4 B 503/504, Ward 35(3)(4), Dosti Elite Tower -B Mumbai Vs. Next To Sion Telephone Exchange Sion (W), Mumbai – 400022 (Pan: Acmph5705R) (Assessee) (Respondent) Present For: Assessee : Mr. Ruturaj Gurjar, Advocate Revenue : Mr. Virabhadra S. Mahajan, Sr. Dr (Virtually Appeared) Date Of Hearing : 30.09.2025 Date Of Pronouncement : 13.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2024-25/1071531320(1), Dated 24.12.2024 Passed Against The Assessment Order By Income-Tax Officer, Ward – 35(3)(4), Mumbai, U/S. 144 R.W.S.147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 27.12.2018 For Assessment Year 2011-12. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Ld. Cit (A) Has Erred In Passing The Order Dated 24/12/2024 Without Giving Reasonable Opportunity To The Petitioner To Represent Its Case.

For Appellant: Mr. Ruturaj Gurjar, AdvocateFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 144Section 249(2)Section 249(3)

…n is not non-suited on mere technicalities. Chamanlal Brothers Pa Ltd. vs Punjab State ((1961)12 STC 643 (Punj)]. The power to condone delay is discretionary, but the discretion either way should be judicially exercised. Adwani & Co. (JB) Ltd. vs. CIT [(1969) 72 ITR 395 (SC)]. In the context of Limitation Act, the Hon'ble Supreme Court in Collector, Land Ac- quisition vs. Khatiji [(1987) 167 ITR 471(SC)] has observed that the expression 'sufficient cause' is adequately elastic to enable the courts to apply the law in a meaningful manner which sub serve the ends of justice. 7. The word 'sufficient cause' appearing…

FUSION GRANITO PRIVATE LIMITED,MORBI vs. THE PR. COMMISSIONER OF INCOME TAX - 1, RAJKOT, RAJKOT

In the result, the appeal filed by the assessee is allowed for statistical purposes, in above terms

ITA 190/RJT/2023[2018-19]Status: DisposedITAT Rajkot10 Sept 2025AY 2018-19

Bench: Dr. A. L. Saini, Am & Shri Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No.190/Rjt/2023 (िनधा"रण वष" / Assessment Year: (2018-19) (Physical Hearing) Fusion Granito Pvt. Ltd. बनाम/ Principal Commissioner Of Income Revenue Survey No.555/P1/91, Tax-1, Vs. Nr. Khokhra Hanuman Temple, 2Nd Jetpar Road, Morbi-363641 Rajkot, Floor, “Aayakar Bhawan”, Race Course Ring Road, Rajkot-360001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcf 0696 B (अपीलाथ"/Appellant) (""थ" /Respondent) अपीलाथ" ओर से/ Appellant By Shri Bandish Soparkar, Ar ""थ" की ओर से/Respondent By Shri Praveen Verma, Cit Dr सुनवाई की तारीख/Date Of Hearing 24/06/2025 घोषणा की तारीख /Date Of Pronouncement 10/09/2025 आदेश / O R D E R Per Dr. Arjun Lal Saini, A.M By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Passed By The Learned Principal Commissioner Of Income Tax - 1, Rajkot [In Short ‘Ld. Pcit’], Dated 27.03.2023, Under Section 263 Of The Income Tax Act, 1961 [Hereinafter Referred To As The ‘Act’] For The Assessment Year (Ay) 2018-19. 2. Grievances Raised By The Assessee, Which, Being Interconnected, Will Be Taken Up Together, Are As Follows: “1. The Revision Order U/S 263 Of The Act Dated 28.03.2023 Is Bad In Law. 2. The Hon’Ble Pr. Cit-1, Rajkot Has Erred In Law As Well As On Facts In Completing The Revision Proceedings U/S 263 Of The Act Hurriedly In Short Span Of Time Fusion Granito Pvt. Ltd.

Section 143(3)Section 263Section 68

…, negligently caused, cannot be condoned. (vi) Requirement of sufficient cause for delay cannot be ignored and it becomes very important and significant when the delay is inordinate and abnormal. (vii) In the matter of J.B. Advani& Co. (P.) Ltd. v. CIT [1969] 72 ITR 395 Hon'ble Supreme Court had held that explanation of delay for the entire period is necessary. In other words what is expected of the appellant in such matters is to show that delay was occasioned due to some sufficient cause. The cause pleaded should not only be a probable one but it should be real and sufficiently explained reasonable. It would no…

DCIT-11(1)(2),, MUMBAI vs. M/S. SANGAM INDIA LTD.,, MUMBAI

Appeal stand dismissed whereas the assessee‟s appeal stands partly allowed for statistical purposes

ITA 1490/MUM/2019[2015-16]Status: DisposedITAT Mumbai26 Jul 2021AY 2015-16

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No.1490/Mum/2019 (धििाारण वर्ा / Assessment Year: 2015-16) Dcit-11(1)(2) M/S. Sangam India Ltd. Gf, Room No.1 306, „B‟ Wing बिाम/ Aaykar Bhavan, M.K. Road Dynasty Business Park Vs. Mumbai-400 020 J.B. Nagar, A.K. Road Andheri (E), Mumbai-400 059 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaccs-0486-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & Co No.01/Mum/2021 (धििाारण वर्ा / Assessment Year: 2015-16) M/S. Sangam India Ltd. Dcit-11(1)(2) 306, „B‟Wing Gf, Room No.1 बिाम/ Dynasty Business Park Aaykar Bhavan, M.K. Road Vs. J.B. Nagar, A.K. Road Mumbai-400 020 Andheri (E), Mumbai-400 059 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaccs-0486-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Dharmesh Shah-Ld. Ar Revenue By : Shri Ajit Kumar Shrivastava-Ld. Cit-Dr ुनवाई की तारीख/ : 02/07/2021 Date Of Hearing घोषणा की तारीख / : 26/07/2021 Date Of Pronouncement

For Appellant: Shri Dharmesh Shah-Ld. ARFor Respondent: Shri Ajit Kumar Shrivastava-Ld
Section 2(24)

…antial justice. Similar distinction has been sought in the decision of Chandigarh Tribunal in ACIT v. Ranbir Chemicals {114 ITD 121 (Chd)} as well as in the decision in CIT v. Grindlays Bank {208 ITR 700 (Cal.)}. In the case of J. B. Advani & Co. Ltd. v. CIT {72 ITR 395 (SC)}, the assessee did not explain the delay for part of the period. 5.6 While distinguishing all these decisions, Ld. AR placed reliance on the decision of the Mumbai Tribunal in Anand Kumar Jain v. ITO {ITA No.4192/Mum/2012 dated 20/08/2019} wherein the appeal was filed after a delay of 420 days. In the said case, the issue involved was with re…

M/S. TRAINED BRAIN EDUCATION PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CPC (TDS), GHAZIABAD

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 1661/BANG/2019[2014-15]Status: DisposedITAT Bangalore07 Feb 2020AY 2014-15

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadaleassessment Year : 2014-15 M/S. Trained Brain Education Pvt. Ltd., Vs. The Assistant Commissioner Of 116/3A, Krishna Reddy Building, Income Tax, Sgr Dental College Building, Cpc (Tds), Near Railway Gate, Ghaziabad. Sgr Dental College Road, Munne Kolala, Marathalli Po, Bengaluru – 560 037. Pan : Aadct 1220 H Appellant Respondent Assessee By : Shri. Siddesh Gaddi, Ca Revenue By : Shri. Sunil Kumar Agarwal, Addl. Cit Date Of Hearing : 03.12.2019 Date Of Pronouncement : 07.02.2020 O R D E R Per A. K. Garodia, Am: This Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of The Learned Cit(A) - 3, Bengaluru, Dated 02.07.2019 For Assessment Year 2014-15. 2. In Addition To Various Grounds Raised By The Assessee On Merit, This Is One Of The Grounds Raised By The Assessee That Learned Cit(A) Has Erred In Law & Facts In Not Condoning The Delay In Filing The Appeal.

For Appellant: Shri. Siddesh Gaddi, CAFor Respondent: Shri. Sunil Kumar Agarwal, Addl. CIT

…stored back to file of CIT(A) for a decision on merit. As against this, learned DR of Revenue supported the order of CIT(A). He placed reliance on the judgment of Hon’ble Apex Court rendered in the case of J. V Advani and Co. Pvt. Ltd., Vs. CIT as reported in 72 ITR 395 (SC). He also placed reliance on another judgment of Hon’ble Apex Court rendered in the case of Vedabai alias Vaijayanatabair Baburao Patil Vs. Shantaram Baburao Patil as reported in 253 ITR 798 (SC). At this juncture, the Bench pointed out that the second judgment cited by learned DR of the Revenue is not in the proceedings under IT Act, 1961 and…

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