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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

Joint Commissioner of Income Tax (in-Situ), Kolkata vs. Alosha Marketing Pvt Ltd, Kolkata

In the result, appeal of the revenue stands dismissed

ITA 1594/KOL/2024[2012-13]Status: DisposedITAT Kolkata01 Jul 2025AY 2012-13

Bench: Shri George Mathanjcit(In-Situ), Circle-4(1), Vs M/S Alosha Marketing Pvt. Ltd. Kolkata 62A, Hazra Road, Kolkata Pan No. :Aacca 1930 G (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. राजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr नििााररती की ओर से /Assessee By : Ms. Priyanka Salarpuria, Ar सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01.07.2025 आदेश / O R D E R This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 29.01.2024 Passed For The Assessment Year 2012-2013. 2. Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue & Ms. Priyanka Salalpuria, Ld. Ar Appeared On Behalf Of The Assessee. 3. The Appeal Of The Revenue Is Delayed By 117 Days. In This Regard The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons For Delay Which Are Plausible & Not Found To Be False. Thus, The Delay Of 117 Days In Filing The Present Appeal By The Revenue Is Condoned & The Appeal Is Admitted For Hearing. 4. The Revenue In Its Appeal Has Raised The Following Grounds :- 1. The Delay In Filing Appeal Before The Hon'Ble Itat Against The Order Of The Ld. Cit(A), Nfac Is Occurred Due To Large Number Of Time Barring Cases U/S 148A Of The I.T.Act 1961 & System Problem Which May Kindly Be Condoned. 2. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A). Nfac Has Erred In Deleting The Addition

For Appellant: Ms. Priyanka Salarpuria, ARFor Respondent: Shri S.B.Chakraborthy, Sr. DR
Section 10(38)Section 147Section 148Section 148ASection 68

revenue is condoned and the appeal is admitted for hearing. 4. The revenue in its appeal has raised the following grounds :- 1. The delay in filing appeal before the Hon'ble ITAT against the order of the Ld. CIT(A), NFAC is occurred due to large number of time barring