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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

Suman Gandhi, Kolkata vs. I.T.O., Ward - 36(2), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1759/KOL/2024[2016-2017]Status: DisposedITAT Kolkata23 Dec 2024AY 2016-2017

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1759/Kol/2024 Assessment Year: 2016-17 Suman Gandhi…………………………....……………………....Appellant E-24/7, Karunamoyee, Sech Bhawan, Salt Lake, Kolkata – 700091. [Pan: Axcpg3145R] Vs. Ito, Ward-36(2), Kolkata…..….…….…............................…..…..... Respondent Appearances By: Shri Anil Kochar, Ar, Appeared On Behalf Of The Appellant. Shri S. B. Chakraborthy, Addl. Cit & Somnath Das Biswas, Sr. Drs, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2024 Date Of Pronouncing The Order : December 23, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 25.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessing Officer Initiated Proceedings U/S 147 Of The Act For The Assessment Year 2016-17 Based On The Information Received From Adit(Inv.), Unit-5, Kolkata, Wherein, It Was Observed That The Assessee Had Claimed Income From Investment Of Shares & Loans For Earning Interest, Insurance Commission & Tuition Fees. The Assessing Officer During The Assessment Proceedings Noticed That The Assessee Sold 20,000 & 29,720 Number Of Shares Of Grapco Mining Ltd. & Patheja Forgings Ltd. Respectively Had Been Sold In Physical Form During The Year For Rs.2,00,000/- & Rs.2,97,200/-

Section 147Section 250

provisions of law. He stated that law provides that the ld. CIT(A) cannot decide on merit of a case without first condoning delay in filing appeal but in this case, condonation of delay was rejected then merit of the case was addressed. 5. On the other hand

Jagannathan Baskar, Hosur vs. ITO, Ward-1, Hosur

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

ITA 2629/CHNY/2024[2017-18]Status: DisposedITAT Chennai20 Dec 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.2629/Chny/2024 (िनधा"रणवष" / Assessment Year: 2017-2018) Jagannathan Baskar, Vs. The Income Tax Officer, H88, New Astc Hudco, Ward -1, Mahalakshmi Nagar, Hosur Hosur 635 109. [Pan: Adqpb 9089F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B.B. Sathyamurthy, C.A., ""यथ" क" ओर से /Respondent By : Ms. D. Komali Krishna, Irs, Cit. सुनवाई क" तार"ख/Date Of Hearing : 17.12.2024 घोषणा क" तार"ख /Date Of Pronouncement : 20.12.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri B.B. Sathyamurthy, C.AFor Respondent: Ms. D. Komali Krishna, IRS, CIT
Section 10Section 139(1)Section 143(1)Section 143(1)(a)Section 154

under section 246A of the Act. 1.9 In light of above backdrop, I have in ensuring paragraphs detailed our petition for condonation of delay in filing appeal under section 246A of the Act 2 Petition for condonation of delay in filing appeal under section 246A of the Act: We have ... require in this regard. 5. Considering the substantive period of Covid-19 pandemic and reasons given by the assessee we condone the delay in filing appeal before the ld.CIT(A). 6. Since, the ld. CIT(A) has not adjudicated the appeal on merits, accordingly, the impugned order is set aside

Allahabad Bank Now Indian Bank, Panchkula vs. Deputy Commissioner of Income Tax (TDS Circle), Panchkula

In the result, the appellant's appeal is DISMISSED

ITA 292/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh16 Dec 2024AY 2015-16

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 292/Chd/2024 "नधा"रण वष" / Assessment Year: 2015-16 Allahabad Bank, Vs. The Dcit बनाम (Tds Circle), Now Indian Bank Panchkula Sco 12A, Sector 11, Panchkula "थायी लेखा सं./Pan No: Rtka02368C अपीलाथ"/ Assessee ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri U.S. Aggarwal, Advocate & Shri Manuj Bansal, Ca राज"व क" ओर से/ Revenue By : Shri Shakti Singh, Jcit Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 19.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 16.12.2024 आदेश/Order

For Appellant: Shri U.S. Aggarwal, Advocate &For Respondent: Shri Shakti Singh, JCIT Sr. DR
Section 201Section 246ASection 249(3)Section 250Section 253

reasons for not deducting TDS/Short deduction of TDS. 5. That Ld. CIT(Appeals) has failed to establish that thus order passed totally delay in filing appeal is intentional and wrong and illegal casual approach of appellant. Thus order passed by CIT(A) ignoring correct facts and reasonable cause is totally ... party. 4.6 On the basis of the circumstances of the case, it is held that the appellant was not having "sufficient cause" for delay in filing appeal. The appeal filed by the appellant is held to be invalid and non-maintainable being out of time. For statistical purposes, the appeal