Venkatadri Traders Ltd. v. CIT

118 Taxmann 622High Court2001#1304 most cited

What is Venkatadri Traders Ltd. v. CIT authority for?

The principle of 'sufficient cause' for condoning a delay in filing an appeal should be construed liberally, particularly when the assessee would not have gained from the delay or when the delay arose from reasonable grounds like wrong professional advice.

88

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

Venkatadri Traders Ltd. v. CIT · condonation of delay · sufficient cause · reasonable cause · delay in filing appeal · liberal construction · section 253(5) · Madras High Court · 248 ITR 681 · 118 Taxmann 622

Issues it is cited on

Judgments citing Venkatadri Traders Ltd. v. CIT

CHANDAN HASSANAND LOKWANI,NASHIK vs. ACIT CIRCLE 1 , NASHIK

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

ITA 1358/PUN/2024[2012-13]Status: DisposedITAT Pune23 Oct 2024AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1358/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 Chandan Hassanand Lokwani, V The Assistant 2 Jawahar Market, Nashik Road, S Commissioner Of Maharashtra – 422101. Income Tax, Circle-1, Pan : Abcpl7072N Nashik. Appellant / Assessee Respondent / Revenue Assessee By Shri Sanket M Joshi – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 23/10/2024 Date Of Pronouncement 23/10/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act 1961, Dated 18.05.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1) The Learned Cit(A) Erred In Dismissing The Appeal In Limine By Refusing To Condone The Delay Of 108 Days In Filing The Appeal Without Appreciating That The Said Delay Was Due To Reasonable Cause & The Said Delay Ought To Have Been Condoned In The Interest Of Justice. 2) The Learned Cit(A) Failed To Appreciate That In This Case, The Disallowance U/S 40(A)(Ia) Was Made By The A.O. Towards Non Deduction Of Tds On Interest Paid To Three Nbfc In Spite Of The Fact That The Appellant Had Furnished Ca Certificate In Form 26A To Prove That The Payees Had Offered The Interest To Tax & Paid Taxes Thereon & Hence, The Said Addition Resulted Into Double Taxation Of The Same Income & Therefore, The Impugned Delay Of 108 Days In Filing Appeal Ought To Have Been Condoned In View Of The Ratio Laid Down By Hon'Ble Madras High Court In Case Of Venkatadri Traders Ltd. V. Cit [248 Itr 681].

Section 148Section 194ASection 250Section 40

…he said addition resulted into double taxation of the same income and therefore, the impugned delay of 108 days in filing appeal ought to have been condoned in view of the ratio laid down by Hon'ble Madras High Court in case of Venkatadri Traders Ltd. v. CIT [248 ITR 681]. 3) The appellant craves leave to add/ alter/ amend any of the grounds of appeal.” 2. In this case, Assessee is an individual engaged in wholesale trade. Assessee filed Return of Income for A.Y.2012-13 on 01.06.2012 declaring total income of Rs.7,34,049/-. Assessee’s case was selected for scrutiny. The Assessee’s case was reopened by issuing n…

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