← All Phrases

“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)

Navroz Munshi, Vadodara vs. National Faceless Assessment Centre Present Jurisdiction the ITO Ward-1(2)(2), Vadodara

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

ITA 1110/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad25 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1110/Ahd/2023 िनधा"रण वष" /Assessment Year : 2017-18 Navroz Munshi National Faceless Assessment बनाम A-301, Green Emerald Centre Present / B/H. Utopian Corner Jurisdiction The Ito V/S. New Alkapuri Ward-1(2)(3) Vadodara – 390 023 Vadodara – 390 007 (Gujarat) "थायी लेखा सं./Pan: Aojpm 8149 K अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Rushin Patel, Ar Revenue By : Shri Veerbadram Vislavath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/10/2024 घोषणा की तारीख /Date Of Pronouncement: 25/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Rushin Patel, ARFor Respondent: Shri Veerbadram Vislavath, Sr.DR
Section 115BSection 142(1)Section 144Section 250Section 271ASection 69A

assessee, including the non-receipt of the assessment order and the difficulties in procuring necessary documents. These reasons constitute sufficient cause under Section 249(3) of the Act, and the CIT(A) should have condoned the delay. Considering the circumstances, the Departmental Representative (DR) has not raised any objection