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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

Enayat Ebadat Hussain, Nashik vs. ITO Ward 1(1), Nashik

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

ITA 161/PUN/2025[2012-13]Status: DisposedITAT Pune25 Apr 2025AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.161/Pun/2025 िनधा"रण वष" / Assessment Year: 2012-13 Enayat Ebadat Hussain, V The Income Tax Officer, Plot No.34, Gut No.20, Near S Ward-1(1), Nashik. Noori Masjid, Chunchale Amdar Satpur Ambad Link Roadk, Nashik – 422010. Maharashtra. Pan: Acdph9890C Appellant/ Assessee Respondent / Revenue Assessee By Smt. Deepa Khare –Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 24/04/2025 Date Of Pronouncement 25/04/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961, Dated 29.11.2024 For Assessment Year 2012-13. The Assessee Has Raised The Following Grounds Of Appeal :

Section 250Section 68

parties and perused the records. Ld.CIT(A) has held as under : “In the present appeal, the appellant has not mentioned any reason for delay in filing appeal. Since, the appellant has not furnished any genuine reason supported with any evidence to that effect, the appeal is dismissed on grounds ... Assessee had filed an Affidavit. We have perused the Affidavit filed by the Assessee and observed that there were sufficient reasons for the delay in filing appeal before the ld.CIT(A). 4.2 The Hon’ble Supreme Court in the case of Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy

Deohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO, Ward-3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2852/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A

appeals of the assessee without giving sufficient opportunity of hearing. It was the submission that the ld. CIT(A) has not condoned the delay in filing appeal, solely for the reason that no application requesting the condonation of delay was filed by the assessee. It was the submission that ... Regarding the other appeal against the penalty orders, it was submitted that theses are consequential action and thus, it was the prayer that delay in filing appeal before the ld. CIT(A) be condoned and the appeal may be decided on merits. 6. In reply, ld. Sr. DR submitted that

Seohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO Ward 3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2851/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A

appeals of the assessee without giving sufficient opportunity of hearing. It was the submission that the ld. CIT(A) has not condoned the delay in filing appeal, solely for the reason that no application requesting the condonation of delay was filed by the assessee. It was the submission that ... Regarding the other appeal against the penalty orders, it was submitted that theses are consequential action and thus, it was the prayer that delay in filing appeal before the ld. CIT(A) be condoned and the appeal may be decided on merits. 6. In reply, ld. Sr. DR submitted that

Seohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO Ward 3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2850/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A

appeals of the assessee without giving sufficient opportunity of hearing. It was the submission that the ld. CIT(A) has not condoned the delay in filing appeal, solely for the reason that no application requesting the condonation of delay was filed by the assessee. It was the submission that ... Regarding the other appeal against the penalty orders, it was submitted that theses are consequential action and thus, it was the prayer that delay in filing appeal before the ld. CIT(A) be condoned and the appeal may be decided on merits. 6. In reply, ld. Sr. DR submitted that

Shruparak Educational and Medical Trust, Mumbai vs. Income Tax Officer Exem. Ward 2(3), Mumbai

In the result, the grounds of appeal raised by the assessee are allowed

ITA 927/MUM/2025[2015-16]Status: DisposedITAT Mumbai21 Apr 2025AY 2015-16

Bench: Shri Pawan Singh & Shri Girish Agrawalshruparak Educational & Medical Ito (Exem.) Ward – 2(3) Trust, 702, Anne Ville, 30Th Road, Room No. 617, Cumballa T.P.S. 3, Bandra (W), Hills, Mtnl-Te Building, Vs. Mumbai – 400 050. Pedder Road, Dr Gopalrao Deshmukh Marg, Pan: Aabts 7822 F Mumbai – 400026. (Appellant) (Respondent) Assessee By : Shri Tanzil R. Padvekar, Advicate Revenue By : Shri Kiran Unavekar, Sr. Dr Date Of Hearing : 19.03.2025 Date Of Pronouncement : 21.04.2025 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A) Dated 09.06.2023 For A.Y. 2015-16. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Tanzil R. Padvekar, AdvicateFor Respondent: Shri Kiran Unavekar, Sr. DR
Section 11Section 11(1)Section 11(2)Section 12ASection 254(1)

filed an affidavit of Najeeb M. Chawre Managing Trustee of Shruparak Educational and Medical Trust. The ld. AR of the assessee submits that delay in filing appeal is neither intentional nor deliberate. The impugned order was passed by ld. CIT(A) on 09.06.2023. The order passed ... ITBA portal, it was revealed that their appeal has already been dismissed on 09.06.2023. The ld. AR of the assessee submits that delay in filing appeal is not intentional or deliberate. Copy of screen shot of ITBA portal showing about sending of notice at different e- mail that