← All Phrases

“delay in filing appeal”

AppealsSection 249Section 2491,894 judgments

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

Leading authorities on delay in filing appeal

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.

Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.
2 SCC 107 · 1987 · Supreme Court
451
citing judgments

Courts must adopt a liberal approach when considering applications for condonation of delay, preferring to decide cases on their merits rather than allowing technicalities of limitation to scuttle justice. This principle applies to ensure the substantive rights of parties are not defeated by minor delays.

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.

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.

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.

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.

Judgments citing delay in filing appeal

Kanatalaw Seva Sahakari Mandali Ltd., Rajkot (Amreli) vs. The ITO Ward - 3 (1) (4) Amreli, Amreli

ITA 201/RJT/2025[2019-20]Status: DisposedITAT Rajkot06 Nov 2025AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita Nos.200 & 201/Rjt/2025 "नधा"रण वष"/Assessment Years :2018-19 & 2019-20 Kanatalaw Seva Sahkari Mandli Income Tax Officer Limited Ward 3(1)(4), Amreli बनाम/ Kanatalaw, Savarkundla, Vs Amreli - 364515 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aakfk8797L (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Written Submission राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Ld. Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 10/09/2025 घोषणा क" तार"ख /Date Of Pronouncement : 06/11/2025 आदेश/Order Per, Dr. Arjun Lal Saini, A.M

For Appellant: Written SubmissionFor Respondent: Shri Dheeraj Kumr Gupta, Ld. Sr-DR
Section 143(1)Section 234ASection 234BSection 234CSection 250Section 80P

repeated reminders. Therefore, the Ld. DR for the Revenue submitted that these two appeals of the assessee should be dismissed on account of delay in filing appeals. That is, the delay should not be condoned, as the assessee did not file any petition for condonation of delay in both ... bench and cases was heard by Hon'ble SMC bench. As directed brief submission on behalf of department is as under: 1. Delay in filing appeal: In subject case disputed order of Addl. CIT/JCIT(A) is dated 15.03.2024 and Assesee seems filed current appeal against the order of Addl. CIT/JCIT

Kanatalaw Seva Sahakari Mandali Ltd., Rajkot (Amreli) vs. The ITO Ward - 3 (1) (4) Amreli, Amreli

ITA 200/RJT/2025[2018-19]Status: DisposedITAT Rajkot06 Nov 2025AY 2018-19

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita Nos.200 & 201/Rjt/2025 "नधा"रण वष"/Assessment Years :2018-19 & 2019-20 Kanatalaw Seva Sahkari Mandli Income Tax Officer Limited Ward 3(1)(4), Amreli बनाम/ Kanatalaw, Savarkundla, Vs Amreli - 364515 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aakfk8797L (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Written Submission राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Ld. Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 10/09/2025 घोषणा क" तार"ख /Date Of Pronouncement : 06/11/2025 आदेश/Order Per, Dr. Arjun Lal Saini, A.M

For Appellant: Written SubmissionFor Respondent: Shri Dheeraj Kumr Gupta, Ld. Sr-DR
Section 143(1)Section 234ASection 234BSection 234CSection 250Section 80P

repeated reminders. Therefore, the Ld. DR for the Revenue submitted that these two appeals of the assessee should be dismissed on account of delay in filing appeals. That is, the delay should not be condoned, as the assessee did not file any petition for condonation of delay in both ... bench and cases was heard by Hon'ble SMC bench. As directed brief submission on behalf of department is as under: 1. Delay in filing appeal: In subject case disputed order of Addl. CIT/JCIT(A) is dated 15.03.2024 and Assesee seems filed current appeal against the order of Addl. CIT/JCIT

Shanthi Michealanthonyraj Jancy, Palakkad vs. ITO Ward 1 and Tps, Palakkad

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

ITA 701/COCH/2025[2023-24]Status: DisposedITAT Cochin06 Nov 2025AY 2023-24

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm Assessment Year: 2023-24 Shanthi Michealanthonyraj Jancy .......... Appellant Shanthi Nivas, Kozhipathy, Palakkad 678557 [Pan: Cgfpj6644G] Vs. The Income Tax Officer, Ward-1& Tps, Palakkad ....... Respondent Assessee By: Shri Paddmanathan, Advocate Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 03.11.2025 Date Of Pronouncement: 06.11.2025 O R D E R Per Manu Kumar Giri, Jm: The Captioned Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter The “Ld.Cit(A)”]Dated 21.08.2025For The Assessment Year 2023-24 (Hereinafter The "Ay").

For Appellant: Shri Paddmanathan, AdvocateFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)

argument notes filed and pleaded that illness is a “sufficient cause” for belated filing of appeal hence, he prayed for the condoning the delay in filing appeal before the CIT(A). 4. Per contra, the ld. DR relied upon the orders of the ld. CIT(A). 5. We have heard ... narrated at paras 5 & 6 of argument notes filed is a “sufficient cause” for belated filing of appeal hence, we condone the delay in filing appeal before the CIT(A). Reason as severe illness cannot be brushed aside by hard tools. Hence, we remand back appeal file