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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

Shri Vikramsinh Thakorbhai Ravat, Valsad vs. ACIT Valsad Circle, Valsad

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

ITA 206/SRT/2025[2011-12]Status: DisposedITAT Surat26 Sept 2025AY 2011-12

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.206/Srt/2025 Assessment Year: 2011-12 (Hybrid Hearing) Shri Vikramsinh Thakorbhai Assistant Commissioner Of बनाम/ Ravat Income-Tax, Circle-Valsad, 208 Vs. 117/Ravat Falia/ Bhutsar/ Palak Arcade, Shantinagar, Tithal Taluka/ Dist. Valsad-396 005 Road, Valsad-396 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Alcpr 4584 K (अपीलाथ"/Appellant) (""थ" /Respondent) "नधा"रती क" ओर से /Appellant By Shri Rajesh Upadhyay, Ar राज"व क" ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई क" तार"ख/Date Of Hearing 22/07/2025 उ"घोषणा क" तार"ख/Date Of Pronouncement 26/09/2025

Section 143(2)Section 143(3)Section 147Section 148Section 250

present tax consultant, Shri Rajesh Upadhyay, appeal has been filed by the assessee immediately. It is stated by the assessee that delay in filing appeal before the Tribunal was unintentional and that assessee is in no way benefitted on account of the delay in filing appeal ... revenue submitted that the Bench may decide the preliminary issue as it thinks fit. 3.1 After hearing both the parties, we note that delay in filing appeal by the appellant is not deliberate and intentional. The revenue has also no objection if the application for condonation is favourably considered. Hence

Shreyansh Anilkumar Shah, Na vs. Arivs.Income Tax Officer, Ward - 5, Navsari

In the result, the appeal of the assessee is partly allowed

ITA 727/SRT/2023[2010-11]Status: DisposedITAT Surat26 Sept 2025AY 2010-11

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.727/Srt/2023 Assessment Year: 2010-11 (Hybrid Hearing) Shreyansh Anilkumar Shah Income Tax Officer, Ward-5, बनाम/ 504, Rushabh Residency, Navsari, Income T Ax Office, Vs. Maneklal Road, Near Charpool, Awabaug, Navsari-396 Telephone Exchange, Navsari- 445 396 445 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aiqps 6441 P (अपीलाथ"/Appellant) (""थ" /Respondent) "नधा"रती क" ओर से /Appellant By Shri Rasesh Shah, Ca राज"व क" ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई क" तार"ख/Date Of Hearing 22/07/2025 उ"घोषणा क" तार"ख/Date Of Pronouncement 26/09/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By The Assessee Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, 'The Act’) Dated 26.07.2023 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax Appeal [In Short, The ‘Cit(A)’] For The Assessment Year (Ay) 2010-11, Which In Turn Arises Out Of Assessment Order Passed By The Assessing Officer (In Short, ‘Ao’) U/S 143(3) R.W.S. 147 Of The Act On 27.10.2017. 2. Grounds Of Appeal Raised By The Assessee For The Appeal Are As Under: “1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Ld. Ao Has Erred In Reopening Assessment U/S.147 By Issuing Notice U/S.148 Of The It Act, 1961. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Ld. Cit(A) Has Erred In Confirming The Action Of Ao In Making Addition Of Rs.32,53,637/- U/S 68 Of The Act On Account Of Alleged Unexplained Cash Credits.

Section 133(6)Section 143(2)Section 143(3)Section 147Section 148Section 226(3)Section 250Section 68

assessee that delay of 29 days in filing appeal may be condoned. 3.1 After hearing both the parties, we note that delay in filing appeal by the appellant is not intentional and deliberated. In view of the same, the request for condonation of delay is allowed and the appeal