Thunuguntla Jagan Mohan Rao v. DCIT

427 ITR 204High Court2020#1510 most cited

What is Thunuguntla Jagan Mohan Rao v. DCIT authority for?

Delay in filing an appeal may be condoned if there is a sufficient cause, such as a bonafide mistaken impression regarding the appealable order, aligning with the principle of advancing substantial justice.

75

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2020 to 2024.

Also referred to as

Thunuguntla Jagan Mohan Rao v. DCIT · 427 ITR 204 · condonation of delay · sufficient cause · mistaken impression · section 263 · section 271H · section 272A · section 200A · limitation · appeal

Issues it is cited on

Judgments citing Thunuguntla Jagan Mohan Rao v. DCIT

Kumar Urban Development P Ltd (Pune Mumbai Realty P Ltd Merged With River View Properties Pvt.Ltd. Merged With Kumar Urban Development P Ltd), Pune vs. Deputy Commissioner of Income-Tax, Circle - 4, Pune

In the result, the appeal of the assessee in ITA

ITA 357/PUN/2018[2013-14]Status: HeardITAT Pune28 Sept 2022AY 2013-14

Bench: Shri S. S. Godara & Shri Inturi Rama Raoआयकर अपील सं. / Ita Nos.1323 & 357/Pun/2018 िनधा"रण वष" / Assessment Years: 2012-13 & 2013-14 Kumar Urban Development Vs. Dcit, Circle-4, Pune. Pvt. Ltd., (Pune Mumbai Reality Private Limited Merged With River View Properties Pvt. Ltd. & River View Properties Pvt. Ltd. Merged With Kumar Urban Development Pvt. Ltd.) 10Th Floor, Kumar Business Center, Cts No.29, Bund Garden Road, Pune-411001. Pan : Aadcp8622M Appellant Respondent Assessee By : Shri Nikhil Pathak Revenue By : Shri B. Koteswararao Date Of Hearing : 08.09.2022 Date Of Pronouncement : 28.09.2022 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Different Orders Of Ld. Commissioner Of Income Tax (Appeals)-2 & 3, Pune [‘The Cit(A)’] Dated 15.05.2017 & 08.11.2017 For The Assessment Years 2012-13 & 2013-14 Respectively. 2. First, We Shall Take Up The Appeal In Ita No.1323/Pun/2018 For A.Y. 2012-13 For Adjudication.

For Appellant: Shri Nikhil PathakFor Respondent: Shri B. Koteswararao
Section 143(3)Section 36(1)(iii)Section 41(1)Section 41(1)(a)

…not accept the explanation. It held that while condoning the delay, the Court should compensate the opposite party with costs.” 9. The above principles have been followed by the Hon’ble Telangana High Court in the case of Thunuguntla Jagan Mohan Rao vs. DCIT, 427 ITR 204 (Telangana). Applying the above principles laid down in the above case to the present case, we are of the considered opinion that in the facts and circumstances of the case the explanation offered by the appellant cannot said to be smack of mala-fides nor can it be said that the appellant adopted a dilatory practice in filing the appeal. Therefor…

Kumar Urban Development P Ltd (Pune Mumbai Realty P Ltd Merged With River View Properties Pvt. Ltd Merged With Kumar Urban Development P Ltd), Pune vs. Deputy Commissioner of Income-Tax, Circle - 4, Pune

In the result, the appeal of the assessee in ITA

ITA 1323/PUN/2018[2012-13]Status: HeardITAT Pune28 Sept 2022AY 2012-13

Bench: Shri S. S. Godara & Shri Inturi Rama Raoआयकर अपील सं. / Ita Nos.1323 & 357/Pun/2018 िनधा"रण वष" / Assessment Years: 2012-13 & 2013-14 Kumar Urban Development Vs. Dcit, Circle-4, Pune. Pvt. Ltd., (Pune Mumbai Reality Private Limited Merged With River View Properties Pvt. Ltd. & River View Properties Pvt. Ltd. Merged With Kumar Urban Development Pvt. Ltd.) 10Th Floor, Kumar Business Center, Cts No.29, Bund Garden Road, Pune-411001. Pan : Aadcp8622M Appellant Respondent Assessee By : Shri Nikhil Pathak Revenue By : Shri B. Koteswararao Date Of Hearing : 08.09.2022 Date Of Pronouncement : 28.09.2022 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Different Orders Of Ld. Commissioner Of Income Tax (Appeals)-2 & 3, Pune [‘The Cit(A)’] Dated 15.05.2017 & 08.11.2017 For The Assessment Years 2012-13 & 2013-14 Respectively. 2. First, We Shall Take Up The Appeal In Ita No.1323/Pun/2018 For A.Y. 2012-13 For Adjudication.

For Appellant: Shri Nikhil PathakFor Respondent: Shri B. Koteswararao
Section 143(3)Section 36(1)(iii)Section 41(1)Section 41(1)(a)

…not accept the explanation. It held that while condoning the delay, the Court should compensate the opposite party with costs.” 9. The above principles have been followed by the Hon’ble Telangana High Court in the case of Thunuguntla Jagan Mohan Rao vs. DCIT, 427 ITR 204 (Telangana). Applying the above principles laid down in the above case to the present case, we are of the considered opinion that in the facts and circumstances of the case the explanation offered by the appellant cannot said to be smack of mala-fides nor can it be said that the appellant adopted a dilatory practice in filing the appeal. Therefor…