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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

Durga Kailas Gupta, Malegaon vs. Income Tax Officer, Malegaon

In the result, all four the appeals of the assessee are allowed for statistical purpose

ITA 2436/PUN/2024[2014-15]Status: DisposedITAT Pune04 Mar 2025AY 2014-15

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2425, 2427, 2435 & 2436/Pun/2024 िनधा"रण वष"/Assessment Years: 2015-16, 2017-18, 2013-14 & 2013-14 Durga Kailas Gupta, V The Income Tax Officer, New Janta Building, S G.No.425, P.No.5, Chalisgaon Phata, Maharashtra – 423203. Pan: Alapg0234F Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 19/02/2025 Date Of Pronouncement 04/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Bunch Of Four Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Under Section 250 Of The Income Tax Act, 1961; For The Assessment Years Referred Above. Assessee Has Filed Identical Grounds For All These Years. Since The Issue Involved Is Common, Therefore, All These Appeals Were Heard Together & Are Being Decided By This Common Order.

Section 148Section 250Section 250(6)

outset of hearing, ld.Counsel for the assessee submitted that the appeals before the ld.CIT(A) were barred by limitation and the delay in filing appeal before the ld.CIT(A) were not condoned and he accordingly, dismissed the appeal by not admitting being barred by limitation. Prayer has been made before

Durga Kailas Gupta, Malegaon vs. Income Tax Officer, Malegaon

In the result, all four the appeals of the assessee are allowed for statistical purpose

ITA 2435/PUN/2024[2013-14]Status: DisposedITAT Pune04 Mar 2025AY 2013-14

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2425, 2427, 2435 & 2436/Pun/2024 िनधा"रण वष"/Assessment Years: 2015-16, 2017-18, 2013-14 & 2013-14 Durga Kailas Gupta, V The Income Tax Officer, New Janta Building, S G.No.425, P.No.5, Chalisgaon Phata, Maharashtra – 423203. Pan: Alapg0234F Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 19/02/2025 Date Of Pronouncement 04/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Bunch Of Four Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Under Section 250 Of The Income Tax Act, 1961; For The Assessment Years Referred Above. Assessee Has Filed Identical Grounds For All These Years. Since The Issue Involved Is Common, Therefore, All These Appeals Were Heard Together & Are Being Decided By This Common Order.

Section 148Section 250Section 250(6)

outset of hearing, ld.Counsel for the assessee submitted that the appeals before the ld.CIT(A) were barred by limitation and the delay in filing appeal before the ld.CIT(A) were not condoned and he accordingly, dismissed the appeal by not admitting being barred by limitation. Prayer has been made before

Durga Kailas Gupta, Malegaon vs. Income Tax Officer, Malegaon

In the result, all four the appeals of the assessee are allowed for statistical purpose

ITA 2427/PUN/2024[2017-18]Status: DisposedITAT Pune04 Mar 2025AY 2017-18

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2425, 2427, 2435 & 2436/Pun/2024 िनधा"रण वष"/Assessment Years: 2015-16, 2017-18, 2013-14 & 2013-14 Durga Kailas Gupta, V The Income Tax Officer, New Janta Building, S G.No.425, P.No.5, Chalisgaon Phata, Maharashtra – 423203. Pan: Alapg0234F Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 19/02/2025 Date Of Pronouncement 04/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Bunch Of Four Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Under Section 250 Of The Income Tax Act, 1961; For The Assessment Years Referred Above. Assessee Has Filed Identical Grounds For All These Years. Since The Issue Involved Is Common, Therefore, All These Appeals Were Heard Together & Are Being Decided By This Common Order.

Section 148Section 250Section 250(6)

outset of hearing, ld.Counsel for the assessee submitted that the appeals before the ld.CIT(A) were barred by limitation and the delay in filing appeal before the ld.CIT(A) were not condoned and he accordingly, dismissed the appeal by not admitting being barred by limitation. Prayer has been made before

Durga Kailas Gupta, Malegaon vs. Income Tax Officer, Malegaon

In the result, all four the appeals of the assessee are allowed for statistical purpose

ITA 2425/PUN/2024[2015-16]Status: DisposedITAT Pune04 Mar 2025AY 2015-16

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2425, 2427, 2435 & 2436/Pun/2024 िनधा"रण वष"/Assessment Years: 2015-16, 2017-18, 2013-14 & 2013-14 Durga Kailas Gupta, V The Income Tax Officer, New Janta Building, S G.No.425, P.No.5, Chalisgaon Phata, Maharashtra – 423203. Pan: Alapg0234F Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 19/02/2025 Date Of Pronouncement 04/03/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Bunch Of Four Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Under Section 250 Of The Income Tax Act, 1961; For The Assessment Years Referred Above. Assessee Has Filed Identical Grounds For All These Years. Since The Issue Involved Is Common, Therefore, All These Appeals Were Heard Together & Are Being Decided By This Common Order.

Section 148Section 250Section 250(6)

outset of hearing, ld.Counsel for the assessee submitted that the appeals before the ld.CIT(A) were barred by limitation and the delay in filing appeal before the ld.CIT(A) were not condoned and he accordingly, dismissed the appeal by not admitting being barred by limitation. Prayer has been made before

Palanisamy Ravisankar, Sankari vs. ITO, Ward-1, Salem

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

ITA 3185/CHNY/2024[2017-18]Status: DisposedITAT Chennai26 Feb 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3185/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Shri Palanisamy Ravisankar Income Tax Officer, Aravankadu, Sanyasipatti Post, Vs. Ward-1(7) Sankari West Salem. Namakkal Dist.-637 303. Pan: Allpr-2541-P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms.N.V.Lakshmi, Advocate ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 25.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 26.02.2025 आदेश /O R D E R Per George George K: This Appeal At The Instance Of The Assessee Is Directed Against Cit(A) - Nfac Order Dated 21.08.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2017-18. 2. There Is A Delay Of 42 Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Stating Therein The Reasons For Belated Filing Of This Appeal & Also A Supporting Affidavit. 3. On Perusal Of The Aforesaid Reasons In The Condonation Application, We Are Of The View That There Is Sufficient Cause For Belated Filing Of This Appeal & No Latches Can Be Attributed To The Assessee. Hence, We Condone The Delay In Filing This Appeal & Proceed To Dispose Off The Appeal On Merits.

For Appellant: Ms.N.V.Lakshmi, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 250Section 271BSection 44A

lorries by lenders, hence the delay. It was submitted that CIT(A) has not given any opportunity to explain the reasons for delay in filing appeal before him. It was stated that assessee had to face multiple litigation from various creditors and due to mental agony he was unable