Sreenivas Charitable Trust v. Dy. CIT

280 ITR 357High Court2006#522 most cited

What is Sreenivas Charitable Trust v. Dy. CIT authority for?

The expression "sufficient cause" for condoning delay in filing appeals must receive a liberal and purposive construction. This approach aims to advance substantial justice, which is of paramount importance.

182

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Sreenivas Charitable Trust v Dy CIT · condonation of delay · sufficient cause · liberal interpretation · substantial justice · Section 249(3) · delay in filing appeal · Madras High Court · income tax appeal delay condonation · reasonable cause for delay

Issues it is cited on

Judgments citing Sreenivas Charitable Trust v. Dy. CIT

Shri Raj Kumar Gupta, Jaipur vs. Income Tax Officer, Ward-6-2, Jaipur

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

ITA 1460/JPR/2018[2014-15]Status: DisposedITAT Jaipur09 Dec 2020AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1460/Jp/2018 Assessment Year: 2014-15 Shri Raj Kumar Gupta, Cuke I.T.O. Vs. F-100, Panchsheel Marg, C-Scheme, Ward-6(2), Jaipur-302001. Jaipur. Pan No.: Ahppg 4958 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vikash Rajvanshi (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 09/12/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A), Ajmer Dated 17/10/2018 For The A.Y. 2014-15. The Effective Ground Raised By The Assessee In The Appeal Reads As Under: “1. The Assessee Could Not File The Appeal In Time At Cit Level As He Got Sick & Mentally Upset Due To Deep Financial Pressure As He Was Suffering From Financial Hardship & Seeked Condonation Of Delay Of 38 Days In Filing The Appeal But His Appeal Was Dismissed By Cit(A) Without Dealing On The Basis Of Merits Of The Case As Cit Sustained The Arbitrarily Disallowance By Ld. Ao Of Lump Sum Addition Of Rs. 4,00,000/- Out Of Other Expenses Without Any Basis. Also Assessing Officer Has Erred In Law By Arbitrarily Disallowing Lump Sum Amount Of Rs. 4,00,000/- Without Issuing Show Cause Notice U/S 143(2) Which Is Violation Of The Principle Of Nature Justice.”

For Appellant: Shri Vikash Rajvanshi (CA)For Respondent: Smt. Rooni Paul (Addl.CIT)
Section 143(2)Section 246(2)(b)Section 249(3)Section 5

…&K) 4. Ram Lal & Sons Vs ITO (2006) 099 TTJ 0063 (Asr. Trib). 5. Charki Mica Mining Co. Ltd. Vs CIT (1978) 111 ITR 193 (Cal) 6. Athul Kumar S. Mehta Vs ITO 32 TTJ 0255 7. Jayalakshmi Cloth Stores Vs ITO 132 ITR 764 8. Sreenivas Charitable Trust Vs DCIT (2006) 280 ITR 357 (Mad) 4. On the other hand, the ld DR could not rebut the facts submitted by the assessee before us for seeking condonation of delay of 38 days in filing the present appeal before the ld. CIT(A). 5. We have considered the rival submissions as well as relevant material on record. As regards the sufficiency of cause for filing the appeals belatedl…