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“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

Indravadan Gamanlal Gandhi, Surat vs. Assistant Commissioner of Income Tax, Central Circle - 2(1)(1), Surat

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

ITA 142/SRT/2024[2017-18]Status: DisposedITAT Surat30 Oct 2025AY 2017-18

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.142/Srt/2024 Assessment Year: (2017-18) (Physical Hearing) Indravadan Gamanlal Gandhi बनाम/ Assistant Commissioner Of Income- Vs. At: Areth, Post. Areth, Tal: Tax, Central Circle-2(1)(1), Surat, Mandvi, Surat-394 010 Aayakar Bhawan, Majura Gate, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aajpn 9673 M (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Shaunak Zaveri, Ca राज" की ओर से/Respondent By Shri Ajay Uke, Sr. Dr सुनवाई की तारीख /Date Of Hearing 10/09/2025 उद्घोषणा की तारीख /Date Of Pronouncement 30/10/2025

Section 115BSection 143(2)Section 143(3)Section 144(3)Section 250Section 253(3)Section 271ASection 69A

YAHOO.COM. Hence, the appellant was unaware of order passed by NFAC. The learned Authorized Representative (Ld. AR) of the assessee submitted that the delay in filing appeal was unintentional, bona fide and appellant was prevented by sufficient cause in 2 ITA No.142/SRT/2024/AY 2017-18 Indravadan G Gandhi not filing ... were sent in a wrong e-mail id., which has been stated in the affidavit filed by the assessee for the condonation of delay in filing appeal before the Tribunal. Since the notices issued u/s 250 of the Act were never received by the assessee, there was no question

Dilip Jawaharlal Varyani, Pune vs. DCIT Circle-8, Pune

In the result, appeal of the assessee is partly allowed

ITA 643/PUN/2025[2011-12]Status: DisposedITAT Pune28 Oct 2025AY 2011-12

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकरअपऩलसं. / Ita No.643/Pun/2025 निर्धारणवषा / Assessment Year:2011-12 Dilip Jawaharlal Varyani, V The Dy.Commissioner Of S.No.9/2B, Cts No.905, S Income Tax, Circle-8, Vaibhav Vihar, Near Vikram Pune. Vihar, Pimpri, Pune – 411017. Pan: Acapv0521H Appellant/ Assessee Respondent / Revenue Assessee By Shri Sarad Vaze, Ca – Ar Revenue By Shri Ramnath P Murkunde, Irs–Dr Date Of Hearing 12/08/2025 Date Of Pronouncement 28/10/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi Passed Under Section 250 Of The Income Tax Act, 1961 Dated 19.06.2024 For The A.Y.2011-12 Emanating From The Assessment Order Under Section 143(3)Of The Income Tax Act, 1961, Dated 26.03.2014. The Assessee Has Raised The Following Grounds Of Appeal :

Section 143(3)Section 250Section 68

Accountant for the Assessee submitted a paper book along with Power of Attorney, to represent the Assessee. Ld.AR submitted that there was a delay in filing appeal before this Tribunal by 192 days. Ld.AR invited our attention to the Affidavit of the Assessee and Medical Certificate submitted along with ... Officer along with his Authorised Representative. 5.1 We will discuss each ground here onwards. Ground No.1 regarding Delay : 6. Ground No.1 is regarding Delay in filing appeal before ITAT. Assessee has filed an Affidavit along with Medical Certificate. We have perused the Affidavit and Medical Certificate