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“Section 249(3)”

Section References (mined)Section 249Section 249(3)640 judgments

The decision most relied on for Section 249(3) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on Section 249(3)

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

Tin Box Company v. CIT
249 ITR 216 · 2001 · Supreme Court
624
citing judgments

When an issue is remitted to the Assessing Officer for fresh adjudication, the AO must conduct a de novo examination and provide the assessee a full opportunity of being heard. The assessee is bound to comply with the notices issued by the AO.

Balakrishnan v. M. Krishnamurthy
7 SCC 123 · 1998 · Supreme Court
368
citing judgments

The Supreme Court outlines the principles for condoning delay in filing appeals, stating that a litigant's lapse is not always a bar if the explanation is bona fide and not a dilatory strategy. Courts should show utmost consideration to suitors and prioritize substantial justice unless the delay is deliberately to gain time.

Vishin Meghani v. DCIT & Anr
398 ITR 250 · 2017 · High Court
291
citing judgments

This case is cited as an authority supporting the condonation of delay in filing income tax appeals, particularly when an assessee presents a request for such condonation.

Sreenivas Charitable Trust v. Dy. CIT
280 ITR 357 · 2006 · High Court
182
citing judgments

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.

Land Acquisition, Anantnag and Anr. v. Ms Katiji and Others
167 ITR 5 · 1987 · Supreme Court
164
citing judgments

The principle of 'sufficient cause' for condonation of delay in filing appeals requires a liberal interpretation to ensure substantial justice, but delay will not be condoned if sufficient cause is not satisfactorily explained by the appellant.

National Textiles v. CIT
249 ITR 125 · 2001 · High Court
134
citing judgments

The levy of penalty under Section 271(1)(c) requires material evidence that the assessed amount does not represent the assessee's income and proof of conscious concealment or furnishing inaccurate particulars. A penalty cannot be sustained merely because income is assessed on an estimation basis without positive evidence of concealment.

Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications
323 ITR 249 · 2010 · High Court
128
citing judgments

Reassessment proceedings are invalid if the Assessing Officer fails to issue a mandatory notice under Section 143(2) of the Income-tax Act after the assessee files a return in response to a Section 148 notice and scrutinizes that return.

Judgments citing Section 249(3)

Allahabad Bank Now Indian Bank, Panchkula vs. Deputy Commissioner of Income Tax (TDS Circle), Panchkula

In the result, the appellant's appeal is DISMISSED

ITA 292/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh16 Dec 2024AY 2015-16

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 292/Chd/2024 "नधा"रण वष" / Assessment Year: 2015-16 Allahabad Bank, Vs. The Dcit बनाम (Tds Circle), Now Indian Bank Panchkula Sco 12A, Sector 11, Panchkula "थायी लेखा सं./Pan No: Rtka02368C अपीलाथ"/ Assessee ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri U.S. Aggarwal, Advocate & Shri Manuj Bansal, Ca राज"व क" ओर से/ Revenue By : Shri Shakti Singh, Jcit Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 19.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 16.12.2024 आदेश/Order

For Appellant: Shri U.S. Aggarwal, Advocate &For Respondent: Shri Shakti Singh, JCIT Sr. DR
Section 201Section 246ASection 249(3)Section 250Section 253

impugned order has held as under:- “4.1 I have gone through the facts of the case. As per the provisions of section 249(3) of the Act, there should be sufficient cause for the appellant for not presenting the appeal within the time allowed. The relevant provisions read as under ... expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period". Under section 249(3) of the Act, the appellate authority may, on good and sufficient reason for the delay being shown, admit an Appeal after the expiry

Cube Infrastructure Private Limited, Kolkata vs. ITO Ward-9(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 746/KOL/2024[2011-12]Status: DisposedITAT Kolkata04 Dec 2024AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.746/Kol/2024 Assessment Year: 2011-12 Cube Infrastructure Pvt. Ltd. ……..……………………....Appellant 425, Dum Dum Park, Kolkata, W.B. – 700055. [Pan: Aadcc3318D] Vs. Ito, Ward-9(3), Kolkata…. ….…….…............................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Rajat Datta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 03, 2024 Date Of Pronouncing The Order : December 04, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 09.02.2024 Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-9, Mumbai [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Time Of Hearing, No One Appeared On Behalf Of The Assessee, Although Notices Were Served On Time To Time From The Registry To The Assessee Through Post On 22.08.24, 3.12.2024. As All Options Have Gone In Vain Since No One Appeared On Behalf Of The Assessee On The Consecutive Dates, Under Such Situation, We Cannot Keep This Appeal Pending For Inordinate Delay For Adjudication. We, Therefore, Feel It Necessary To Decide This Appeal On The Basis Of Material Available On Record & With The Assistance Of The Ld. Dr.

Section 249(3)Section 250

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA Before Shri Sonjoy