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“Section 253(5)”

Section References (mined)Section 253Section 253(5)443 judgments

The decision most relied on for Section 253(5) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on Section 253(5)

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.

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.

Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi and Others
118 ITR 507 · 1979 · Supreme Court
268
citing judgments

For condoning delay, the term 'sufficient cause' must be interpreted liberally and purposively to advance justice. Delay not tainted by mala fides, gross negligence, or recklessness, and based on honestly obtained legal advice, constitutes sufficient cause.

Vedabhai v. Santaram
253 ITR 798 · 2002 · Supreme Court
262
citing judgments

When substantial justice and technical considerations are in conflict, substantial justice should be prioritized. Condoning delay requires a cautious approach without malafide or dilatory tactics, and 'sufficient cause' should be interpreted liberally to advance substantial justice.

CIT v. K.S.P. Shanmugavel Nadai and Ors.
153 ITR 596 · 1985 · High Court
171
citing judgments

Where a reasonable cause for delay in filing an appeal exists, the period of delay may not be a relevant factor for condonation. The court has condoned even substantial delays, such as nearly 21 years, based on the presence of a reasonable cause.

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.

People Education and Economic Development Society (PEEDS) v. ITO
100 ITD 87 · 2006 · ITAT
121
citing judgments

When substantial justice and procedural technicalities are in conflict, especially in cases involving non-deliberate delay, the cause of substantial justice must be prioritized. The opposing party cannot claim a vested right to benefit from injustice due to such delays.

Jt. CIT v. Tractors and Farm Equipments Ltd.
104 ITD 149 · 2007 · ITAT
118
citing judgments

A delay in filing an appeal cannot be condoned if it is attributable to the assessee's negligence or inaction, such as misplacing and forgetting the Commissioner (Appeals)'s order. The provisions relating to limitation apply with rigour, and a lack of due care and attention is not a sufficient reason for condonation.

Judgments citing Section 253(5)

ITO 20 (3)(5), Mumbai vs. Vishal Junnar Sahakari Patpedhi Maryadit, Mumbai

ITA 7752/MUM/2019[2013-14]Status: DisposedITAT Mumbai28 Feb 2022AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Amarjit Singh () Assessment Year: 2013-14 Income Tax Officer-20(3)(5), Vishal Junnar Sahakari Patpedhi Room No. 205, 2Nd Floor, Maryadit, Piramal Chambers, Lalbaug, Vs. 5-6, Marwadichawl, K.L. Borkar Parel, Marg, Ghaudapdev D.P. Wadi, Mumbai-400012. Mumbai-400033 Pan No. Aaaav 0104 H Appellant Respondent Assessment Year: 2013-14 Vishal Junnar Sahakari Income Tax Officer-20(3)(5), Room No. 205, 2Nd Floor, Piramal Patpedhi Maryadit, B/3, Sussex Industrial Estate, Vs. Chambers, Lalbaug, Parel, Dadojikonddeo Cross Road, Mumbai-400012. Byculla (E), Mumbai-400027. Pan No. Aaaav 0104 H Appellant Respondent Assessment Year: 2014-15 Income Tax Officer-20(3)(5), Vishal Junnar Sahakari Patpedhi Room No. 205, 2Nd Floor, Maryadit, Piramal Chambers, Lalbaug, Vs. 5-6, Marwadichawl, K.L. Borkar Parel, Marg, Ghaudapdev D.P. Wadi, Mumbai-400012. Mumbai-400033 Pan No. Aaaav 0104 H Appellant Respondent

For Appellant: Mr. Rajendra Kadrekar&For Respondent: Mr. S.N. Kabra, DR
Section 80PSection 80P(4)

prescribed under any general or special laws in respect of all judicial and quasi-judicial proceeding. There is also no dispute that under section 253(5) of the Act, the Tribunal may admit an appeal filed beyond the period of limitation where it is satisfied that there exists a sufficient ... there exists sufficient and reasonable cause for condoning the delay. 5.2 In the light of the aforesaid discussion, in exercise of powers under section 253(5) of the Act, we hereby condone the delay in filing the present appeal and the appeal is admitted for adjudication on merit