Sambhaji and Others v. Gangabai and Others

17 SCC 117Supreme Court of India2008#1298 most cited

What is Sambhaji and Others v. Gangabai and Others authority for?

Procedural law serves as an aid to justice, not an obstruction, and should not ordinarily be construed as mandatory; it is subservient to substantive justice.

87

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2020 to 2026.

Also referred to as

Sambhaji v Gangabai · 17 SCC 117 · procedural law · handmaid of justice · not mandatory · Section 90 · Section 90A · Foreign Tax Credit · Form 67 · delay in appeal · additional grounds

Issues it is cited on

Judgments citing Sambhaji and Others v. Gangabai and Others

Narendra Nath Ratnakaram, Bangalore- Maratahalli vs. Commissioner of Income Tax, Circle-5(3)(2), Ministry of Finance, Income Tax Department

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

ITA 508/BANG/2023[2020-21]Status: DisposedITAT Bangalore20 Nov 2023AY 2020-21

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2020-21 Shri Narendranath Ratnakaram, The Deputy L-1-19, Paramount Commissioner Of Raghavendra, Income Tax, 42/6, Varthur Road, Circle – 5(3)(2), Marathahalli, Vs. Bangalore. Bangalore – 560 037. Pan: Aeepr8524A Appellant Respondent Assessee By : Ms. Adam Kajabee, Ca Revenue By : Shri Parithivel, Jcit Dr Date Of Hearing : 20-11-2023 Date Of Pronouncement : 20-11-2023 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 19/12/2022 Passed By National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2020-21 On Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case, The Order Of The Learned Cit (Appeals) Is Erroneous & Against The Provisions Of The Income Tax Act & Prejudicial To The Appellant. 2. The Learned Cit (Appeals) Has Erred By Passing Order U/S. 250 Without Giving Reasonable Opportunity Of Being

For Appellant: Ms. Adam Kajabee, CAFor Respondent: Shri Parithivel, JCIT DR
Section 139(1)Section 250Section 80ASection 90

…d failed to neither comment on the judgement nor specifically rejected. 7. The Learned CIT (Appeal) when passing the order has ignored the law laid down by the Hon'ble Supreme court in the case of Sambhaji and Others v. Gangabai and Others, reported in (2008) 17 SCC 117, wherein it has been held that- "filing of Form 67 as per the provisions of section 90 read with Rule 128(9) is a procedural law and should not control the claim of FTC with respect to the wordings ". 8. The Learned CIT(A) ignored the provisions of the Act and Rule 128(9) that it is direction to file Form 67 on or before the due date of filing the…

Shalini Bhupal, Hyderabad vs. DCIT, Circle-2(1), Hyderabad

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

ITA 271/HYD/2023[2019-20]Status: DisposedITAT Hyderabad30 Aug 2023AY 2019-20

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarassessment Year: 2019-20 Smt.Shalini Bhupal Vs. Dy. C. I. T. Hyerabad Circle 2(1) Pan:Acepb2655G Hyderabad (Appellant) (Respondent) Assessee By: Shri Kumar Pal, Ca Revenue By: Smt. K. Haritha, Dr Date Of Hearing: 02/08/2023 Date Of Pronouncement: 30/08/2023 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.03.2022 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2019-20. 2. There Is A Delay Of 2Days In Filing Of This Appeal By The Assessee For Which The Assessee Has Filed A Condonation Petition Along With An Affidavit Explaining The Reasons For Such Delay. After Considering The Contents Of The Condonation Petition Filed Along With The Affidavit, The Delay In Filing Of This Appeal By 2 Days Is Condoned & The Appeal Is Admitted For Adjudication.

For Appellant: Shri Kumar Pal, CAFor Respondent: Smt. K. Haritha, DR
Section 143(1)Section 154Section 39Section 90

…considered the issue in the light of the provisions of DTAA, section 295(1) of the Act, the decisions of the Hon'ble Apex Court in the case of Mangalore Chemicals & Fertilizers Ltd. Vs. Deputy Commissioner (1992 Supp (1) SCC 21), Sambhaji Vs. Gangabai (2008) 17 SCC 117 and a lot many decisions of the Hon'ble Apex Court including the case in Union of India Vs. Azadi Bachao Andolan (2003) 263 ITR 706 (SC) etc. and reached a conclusion that since Rule 128(9) of the Rules does not ITA No. 526/Hyd/2022 S.A.No. 19/Hyd/2022 Page 4 of 5 provide for disallowance of FTC in the case of delay in filing Form 67 and such fili…

Anju Agast Srivats, Bengaluru vs. Income-Tax Officer, (NFAC), Bengaluru

In the result, the appeal is allowed

ITA 1158/BANG/2022[2018-19]Status: DisposedITAT Bangalore23 Feb 2023AY 2018-19

Bench: Shri Chandra Poojari & Shri George George K.Ms. Anju Agast Srivats Vs The Income Tax Officer No. 303. Sobha Orchid Nfac, Delhi Jakkur, Bengaluru 560064 Pan – Afsps6930E (Appellant) (Respondent) Assessee By: Shri Mukesh Kumar Jain J. Ca Revenue By: Shri Sankarganesh K., Addl Cit-Dr Date Of Hearing: 21.02.2023 Date Of Pronouncement: 23.02.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Cit(A)/ Nfac, Delhi’S Order Dated 23.10.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2018-19. 2. The Solitary Issue Raised Is Whether The Cit(A) Is Justified In Confirming The Order Of The Assessing Officer (Ao) Wherein He Had Denied The Foreign Tax Credit (Ftc).

For Appellant: Shri Mukesh Kumar Jain J. CAFor Respondent: Shri Sankarganesh K., Addl CIT-DR
Section 139(1)Section 250Section 90

…portance to the non-observance of all conditions irrespective of the purposes they were intended to serve.” Further reliance was placed on the decision of the Hon’ble Supreme Court, in the case of Sambhaji and Others v. Gangabai and Others, reported in (2008) 17 SCC 117, wherein it has been held that procedure cannot be a tyrant but only a servant. It is not an obstruction in the implementation of the provisions of the Act, but an aid. The procedures are handmaid and not the mistress. It is a lubricant and not a resistance. A procedural law should not ordinarily be construed as mandatory; the procedural law is al…

Purushothama Reddy Vanki Reddy, Tirupathi vs. ADIT, (Int. Taxn)-1, Hyderabad

In the result, appeal of the assessee is allowed and the stay application is dismissed

ITA 526/HYD/2022[2018-19]Status: DisposedITAT Hyderabad05 Dec 2022AY 2018-19

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 526/Hyd/2022 (निर्धारण वर्ा / Assessment Year: 2018-19) Purushothama Reddy Vs. Adit (Intn Taxation)-1, Vankireddy Hyderabad Tirupathi [Pan No. Aetpv4382D] अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent S.A. No. 19/Hyd/2022 (Arising Out Of Ita No.526/Hyd/2022) (निर्धारण‍वर्ा / Assessment Year: 2018-19) Purushothama Reddy Adit (Intn Taxation)-1, Vankireddy Vs Hyderabad Tirupathi [Pan No. Aetpv4382D] आवेदक / Applicant प्रत्‍यर्थी / Respondent निर्धाररती‍द्वधरध / Assessee By: Shri H. Srinivasulu, Ar रधजस्‍व‍द्वधरध / Revenue By: Ms. Swapna, Dr सुिवधई‍की‍तधरीख/Date Of Hearing: 29/11/2022 घोर्णध की‍तधरीख/Pronouncement On: 05/12/2022 आदेश / Order Per K. Narasimha Chary, Jm: Aggrieved By The Order Dated 11/08/2022 Passed By The Learned Commissioner Of Income Tax (Appeals)-10, Hyderabad (“Ld. Cit(A)”), In The S.A.No. 19/Hyd/2022 Case Of Purushothama Reddy Vankireddy (“The Assessee”) For The Assessment Year 2018-19, Assessee Preferred This Appeal.

For Appellant: Shri H. Srinivasulu, ARFor Respondent: Ms. Swapna, DR
Section 139Section 139(1)Section 139(5)Section 295(1)

…आयकर अपीलीय अधिकरण, हैदराबाद पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”, HYDERABAD BEFORE SHRI RAMA KANTA PANDA, ACCOUNTANT MEMBER & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER आ.अपी.सं / ITA No. 526/Hyd/2022 (निर्धारण वर्ा / Assessment Year: 2018-19) Purushothama Reddy Vs. ADIT (INTN Taxation)-1, Vankireddy Hyderabad Tirupathi [PAN No. AETPV4382D] अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent S.A. No. 19/Hyd/2022 (Arising out of ITA No.526/Hyd/2022) (निर्धारण‍वर्ा / Assessment Year: 2018-19) Purushothama Reddy ADIT (INTN Taxation)-1, Vankireddy Vs Hyderabad Tirupathi [PAN No. AETPV4382D] आ…