Madhuri Goud v. B. Damodar Reddy

12 SCC 693Reported decision2012#2431 most cited

What is Madhuri Goud v. B. Damodar Reddy authority for?

When considering an application for condonation of delay, courts must adopt a liberal, pragmatic, and justice-oriented approach, understanding 'sufficient cause' in its proper spirit to serve the ends of justice and avoid legalizing injustice.

47

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2026.

Also referred to as

Madhuri Goud v. B. Damodar Reddy · 12 SCC 693 · condonation of delay · sufficient cause · liberal approach · substantial justice · Section 249(3) · Section 250 · delay in filing appeal · reasonable cause · Section 5 Limitation Act

Issues it is cited on

Judgments citing Madhuri Goud v. B. Damodar Reddy

Shri Virendra Mughumal Jangla, Dubai-Uae vs. Commissioner of Income Tax (Appeals) 57, Mumbai

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

ITA 4429/MUM/2023[2012-13]Status: DisposedITAT Mumbai03 May 2024AY 2012-13

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawali T A. No. 4429/Mum/2023 (A.Y. 2012-13) Cit(A) – 57, Shri.Virendra Mughumal Vs Aayakar Bhavan, Jangla,107, Sikkat Al . M.K.Road, Khalil Road, Near Down Mumbai-400020. Town Hotel, Ismail Abdul Ahmed Bldg, Shop No. 2, Al Buteen Fikree Market, Nariman Point S O, Deira Dubai Uae. Represented By Pramod Gupta & Associates, Chartered Accountants. 303,Indore Trade Center, 3/2,Sardar Patel Marg, Chhoti Gwaltoli, Indore. Madhya Pradesh. Pan/Gir No. Anzpm5534B (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Shri.Bhuwan Modi.Ar Revenue By Ms.Rajeshwari Menon.Sr.Dr

Section 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL, “F” BENCH MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER I T A. No. 4429/MUM/2023 (A.Y. 2012-13) CIT(A) – 57, Shri.Virendra Mughumal Vs Aayakar Bhavan, Jangla,107, Sikkat Al . M.K.Road, Khalil Road, Near Down Mumbai-400020. Town Hotel, Ismail Abdul Ahmed Bldg, Shop No. 2, Al Buteen Fikree Market, Nariman Point S O, Deira Dubai UAE. Represented by Pramod Gupta And Associates, Chartered Accountants. 303,Indore Trade Center, 3/2,Sardar Patel Marg, Chhoti Gwaltoli, Indore. Madhya Pradesh. PAN/GIR No. ANZPM5534B (अपीलाथ"/Appellant)…

Dhanesh Jyotindra Kothari, Mumbai Suburban vs. Income Tax Office(It)-3(1)(1), Mumbai

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

ITA 2952/MUM/2023[2014-15]Status: DisposedITAT Mumbai01 Nov 2023AY 2014-15

Bench: Shri Pavan Kumar Gadaleita No. 2952 & 2951/Mum/2023 (A.Y: 2014-15 & 2015-16) Dhanesh Jyotindra Vs. Ito (It) – 3(1)(1), Kothari,A-Wing, Flat No. Air India Bldg, 6, Mahavir Krupa, Nariman Point, Vallabh Baug Lane, Mumbai-400021. Extn. Ghatkopar (E), Mumbai-4000077 Pan/Gir No. : Adapk9004H Appellant .. Respondent Appellant By : Shri.Kirit.S.Sanghvi.Ar Respondent By : Shri. G.J.Ninawe. Sr. Dr Date Of Hearing 01.11.2023 Date Of Pronouncement 03.11.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Two Appeals Are Filed By The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Nfac)/Cit(A) Passed U/Sec 147 R.W.S 144C & U/Sec 250 Of The Act.

For Appellant: Shri.Kirit.S.Sanghvi.ARFor Respondent: Shri. G.J.Ninawe. Sr. DR
Section 147Section 148

…nd the contents of the application found that there is a reasonable cause explained and there is no benefit is derived in causing delay in filing appeal before the CIT(A). Whereas the Hon’ble Supreme Court in case of B. Madhuri Goud v. B. Damodar Reddy (2012) 12 SCC 693, has held that the following principles must be kept in mind while considering the application for condonation of delay; (i) There should be a liberal, pragmatic, justice oriented, non-pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injus…

Mahamadali Adam Patel, Bharuch vs. Income Tax Offocer, Ward 1(2), Bharuch

In the result, the grounds of appeal raised by the assessee are allowed for statistical purposes

ITA 90/SRT/2023[2017-18]Status: DisposedITAT Surat17 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.90/Srt/2023 (Ay 2017-18) (Hearing In Physical Court) Mahamadali Adam Patel Income Tax Officer, Apana Nagar Society, Ward-1(2), Bharuch-392001 Vs At P.O. Vagara, Bharuch-392001 Pan No: Adxpp 0699 Q अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Krutarth K Desai, Advocate राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr Date Of Filing Appeal 03.02.2023 सुनवाई की तारीख/Date Of Hearing 17.03.2023 उ"घोषणा क" तार"ख/Date Of 17.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 27.11.2021 For Assessment Year 2017-18, Which In Turn Arises Out Assessment Order Passed By Income-Tax Officer-Ward-1(2)/ Assessing Officer Under Section 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 19.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. The Appellant Was Hold The Status Of Agriculturist, During The Year Under Consideration I.E. Ay 2017-18. The Entire Money Received Was The Income From Agriculture Activities Which Are Wholly Exempt Mahamadali Adam Patel From Taxation Purview. Hence The Appellant Is Not Liable To Pay Any Tax On This Income Addition Made By The Authority & Hence This Appeal. 2. The Learned Assessing Officer Has Erred In Appreciating The Factual Matrix Of The Case & Therefore The Addition Deserves To Be Deleted.

Section 144Section 254(1)

…elay in filing assessees appeal. To support his submission, Ld.AR for the assessee relied upon the following decisions:  Rafiq C Munshilal (AIR 1981 SC 1400)  N.Balakrishnan Vs M. Krishnamurthy (1998) (7 SCC 123)  B. Madhuri Goud vs. B Damodar Reddy (2012) 12 SCC 693  Emsons Organics Ltd. vs. Dy.CIT (2020) 113 taxmann.com 269 (ITAT-Chandigarh) 4. On the other hand, Ld. Senior Departmental-Representative (Ld. Sr-DR) for the Revenue strongly opposed the delay of condonation. The Ld. Sr-DR for the Revenue submits that assessee is a habitual defaulter that assessee neither appeared before the Assessing Officer de…

Mittal Park Co-Op Housing Society Ltd, Mumbai vs. Commissioner of Income Tax, (A), Delhi

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

ITA 1029/MUM/2022[2012-13]Status: DisposedITAT Mumbai29 Nov 2022AY 2012-13

Bench: Shri Vikas Awasthy & Shri Gagan Goyalmittal Park Co-Opp. Housing Society Ltd. 44, Mittal Park, Janardhan Mhatra Marg, Ruiapark, Juhu-Mumbai-400049. Pan: Aaaam2918E ...... Appellant Vs. Commissioner Of Income Tax (Appeals), (National Faceless Appeal Centre), Delhi. ..... Respondent Appellant By : Sh. Manoj Mahimkar Respondent By : Sh. Dilip K. Shah, Sr.Dr Date Of Hearing : 01/09/2022 Date Of Pronouncement : 29/11/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of National Faceless Appeal Centre (For Short ‘Nfac’), Delhi Dated 06.04.2022 Under Section 254 Of The Income Tax Act, 1961 (For Short ‘The Act’) For A.Y. 2012-13. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Honourable Commissioner Of Income Tax- (Appeal), Nfac, Delhi, [Hon. Cit- (A)] Has Erred On The Fact & In The Circumstances Of The Case & In The Law Declining To Condone The Delay In Filing The Appeal.

For Appellant: Sh. Manoj MahimkarFor Respondent: Sh. Dilip K. Shah, Sr.DR
Section 143(1)Section 143(1)(a)Section 249(2)Section 254Section 80PSection 80P(2)(d)

…him. If the explanation does not smack of malafides or it is not put forth as part of a dilatory strategy the Court must show utmost consideration to the suitor. 12. We have noted that in the Hon'ble Supreme Court in B. Madhuri Goud v. B. Damodar Reddy (2012) 12 SCC 693, by referring various earlier decisions of Superior Courts and held that the following principal must be kept in mind while considering the application for condonation of delay: (i) There should be a liberal, pragmatic, justice oriented, non-pedantic approach while dealing with an application for condonation of delay, for the courts are not suppos…