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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

The Dharapuram Agricultural Producers Cooperative Marketing Society Limited, Tirupur vs. The Income Tax Officer, Ward 2(4) Tirupur, Tirupur

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1270/CHNY/2025[2019-20]Status: DisposedITAT Chennai17 Jul 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1270/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 The Dharapuram Agricultural Producers Vs. The Income Tax Officer, Cooperative Marketing Society Limited, Ward 2(4), New No. 487, Old No. 280, Tirupur. Chinnakadai Street, Opp. Arasamaram Stop, Dharapuram, Tiruppur 638 702. [Pan:Aabat8601Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. A. Vijayalakshmi, Ca (Virtual) ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 15.07.2025 घोषणा की तारीख /Date Of Pronouncement : 17.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2025 Passed By The Addl./Jcit(A)-1, Visakhapatnam For The Assessment Year 2019-20. 2. The Assessee Raised 4 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A)

For Appellant: Ms. A. Vijayalakshmi, CA (virtual)For Respondent: Ms. V. Supraja, Addl.CIT
Section 119(2)(b)Section 139(1)Section 139(4)Section 143(1)Section 80ASection 80P

I.T.A. No.1270/Chny/25 Hon’ble Supreme Court in M.A. No. 21 of 2022 dated 10.01.2022. Thus, the ld. AR prayed that the delay in filing appeal before the ld. CIT(A) may be condoned and directed the ld. CIT(A) to adjudicate the issue on merits with regard to the deduction

Sarnath Co-Op Housing Society Ltd, Mumbai vs. CIT(A), Mumbai

In the result, all the appeals filed by the assessee are

ITA 2550/MUM/2025[2020-21]Status: DisposedITAT Mumbai16 Jul 2025AY 2020-21

Bench: Shri Om Prakash Kant & Shri. Raj Kumar Chauhan1. Ita No. 2548/Mum/2025 (A.Y: 2013-14) 2. Ita No. 2549/Mum/2025 (A.Y: 2015-16) 3. Ita No. 2550/Mum/2025 (A.Y: 2020-21) Sarnath Co-Operative Housing Society Ltd. 59-B, Sarnath Co-Operative Housing Society Ltd, Bhulabhai Desai Road, Breach Candy, Mumbai-400 026 Pan: Aaaas3230K Ito Ward 15(1)(4), Vs. Mumbai. (Appellant) Assessee Represented By Department Represented By Date Of Conclusion Of Hearing Date Of Pronouncement : : : : (Respondent) Shri Pawan Choudhary, Ld. Ar Shri Pravin Salunkhe (Sr. Dr.) 02.07.2025 16.07.2025 Order Per Raj Kumar Chauhan (J.M.): 1. These Appeals Are Filed By The Appellant/Assessee Against The Separate Orders Dated 27.02.2025 Of Learned Commissioner Of Income Tax (Appeals)/Addl/Jcit (A)-4, Hyderabad [Hereinafter Referred To As The “Cit(A)"], Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act"] For The A.Y. 2013-14, 2015-16 & 2020-21 Respectively, Wherein The Appeals Of The Assessee Are Dismissed Being Barred By Limitation & The Ld. Cit(A) Has Refused To Condone The Delay Stating That The Assessee Has Failed To Show Sufficient Cause For Condonation Of Delay. 2. Since The Facts Of All The Appeals Filed By The Assessee Are Exactly Same, Parties Are Same, Also The Order Of The Same Date & The Matter Involved Is Also Similar Wherein The Assessee Has Challenged The Disallowance Of Interest Amount Earned From Deposit Of Interest With The Cooperative Banks & Was Claimed As Deduction U/S 80P(2)(D) Of The Act For The Different

Section 143(1)Section 250Section 80PSection 80P(2)(d)

case the Learned Commissioner of Income Tax (Appeal) has completely ignored on the merit of the case, and only dealt with delay in filing appeal. 2. The Appellant is a registered Co-operative Housing Society registered under Maharashtra State Co-operative Societies Act, 1960 registration No.BOM/HSG/3603 dated 28th June ... Income Tax (Appeal) against the order under section 143(1) of the act for assessment year 2013-14, however there was no delay in filing appeal to Honorable ITAT Mumbai against the Ex parte appellate order by the CIT (appeal) The dispute in the SARNATH CO-OPERATIVE HOUSING SOCIET LIMITED

Sarnath Co-Op Housing Society Ltd, Bhulabhai Desai vs. CIT(Appeal), Piramal Chamber

In the result, all the appeals filed by the assessee are

ITA 2548/MUM/2025[2013-14]Status: DisposedITAT Mumbai16 Jul 2025AY 2013-14

Bench: Shri Om Prakash Kant & Shri. Raj Kumar Chauhan1. Ita No. 2548/Mum/2025 (A.Y: 2013-14) 2. Ita No. 2549/Mum/2025 (A.Y: 2015-16) 3. Ita No. 2550/Mum/2025 (A.Y: 2020-21) Sarnath Co-Operative Housing Society Ltd. 59-B, Sarnath Co-Operative Housing Society Ltd, Bhulabhai Desai Road, Breach Candy, Mumbai-400 026 Pan: Aaaas3230K Ito Ward 15(1)(4), Vs. Mumbai. (Appellant) Assessee Represented By Department Represented By Date Of Conclusion Of Hearing Date Of Pronouncement (Respondent) Shri Pawan Choudhary, Ld. Ar Shri Pravin Salunkhe (Sr. Dr.) 02.07.2025 16.07.2025 Order Per Raj Kumar Chauhan (J.M.): 1. These Appeals Are Filed By The Appellant/Assessee Against The Separate Orders Dated 27.02.2025 Of Learned Commissioner Of Income Tax (Appeals)/Addl/Jcit (A)-4, Hyderabad [Hereinafter Referred To As The “Cit(A)"], Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act"] For The A.Y. 2013-14, 2015-16 & 2020-21 Respectively, Wherein The Appeals Of The Assessee Are Dismissed Being Barred By Limitation & The Ld. Cit(A) Has Refused To Condone The Delay Stating That The Assessee Has Failed To Show Sufficient Cause For Condonation Of Delay. 2. Since The Facts Of All The Appeals Filed By The Assessee Are Exactly Same, Parties Are Same, Also The Order Of The Same Date & The Matter Involved Is Also Similar Wherein The Assessee Has Challenged The Disallowance Of Interest Amount Earned From Deposit Of Interest With The Cooperative Banks & Was Claimed As Deduction U/S 80P(2)(D) Of The Act For The Different

Section 143(1)Section 250Section 80PSection 80P(2)(d)

case the Learned Commissioner of Income Tax (Appeal) has completely ignored on the merit of the case, and only dealt with delay in filing appeal. 2. The Appellant is a registered Co-operative Housing Society registered under Maharashtra State Co-operative Societies Act, 1960 registration No.BOM/HSG/3603 dated 28th June ... Income Tax (Appeal) against the order under Section 143(1) of the act for assessment year 2013-14, however there was no delay in filing appeal to Honorable ITAT Mumbai against the Ex parte appellate order by the CIT (appeal) The dispute in the SARNATH CO-OPERATIVE HOUSING SOCIET LIMITED