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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

Aasife Biriyani Pvt. Ltd., Chennai vs. ITO, Corporate Circle-1(1), Chennai

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

ITA 2460/CHNY/2024[2018-19]Status: DisposedITAT Chennai10 Dec 2024AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.2460/Chny/2024 (िनधा"रणवष" / Assessment Year: 2018-2019) Aasife Biriyani Private Limited, Vs. The Income Tax Officer, Glrs, No.325, Door No.11/3Q, Corporate Circle 1(1) Railway Station Road, Chennai. Azharkhana, Alandur, Chennai 600 016. [Pan: Aamca 9955H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri S.P. Chidambaram & Ms. Sonali Kothari.S. Advocates ""यथ" क" ओर से /Respondent By : Ms.T.M. Suganthamala, Irs, Addl. Cit सुनवाई क" तार"ख/Date Of Hearing : 10.12.2024 घोषणा क" तार"ख /Date Of Pronouncement : 10.12.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri S.P. Chidambaram and MsFor Respondent: Ms.T.M. Suganthamala, IRS, Addl. CIT
Section 147Section 253(6)

counsel for the assessee submitted that the appeal was dismissed in limine by the CIT(Appeals) only on the ground of delay in filing appeal and not on merits. Therefore, as per the ld. AR the fees as per clause (d) of Section 253(6) of the Act was only ... filing the appeal and admit the appeal for adjudication. 5. We have also deliberated upon the reasons given in form 35 for delay in filing appeal before the ld.CIT(A). The reason for delay in filing the appeal is given as under: “The Accountant and Auditor with whom the relevant

Late Sakharam Gokulchand Sarda, Jalna vs. ITO Ward-1, Jalna

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

ITA 1447/PUN/2024[2011-12]Status: DisposedITAT Pune26 Nov 2024AY 2011-12

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1447/Pun/2024 िनधा"रण वष" / Assessment Year: 2011-12 Late Sakharam Gokulchand V The Income Tax Officer, Sarda(Through Legal Heir S Ward-1, Jalna. Nikhil S. Sarda), Plot No.15, Nidhish, Bhokardan Naka Road, Jalna – 431203. Pan: Atmps5360E Appellant/ Assessee Respondent / Revenue Assessee By Shri Prateek Jha & Shri Prayag Jha – Ar(S)(Virtual Hearing) Revenue By Shri Manoj Tripathi - Dr Date Of Hearing 25/11/2024 Date Of Pronouncement 26/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For A.Y.2011- 12 Dated 02.08.2022 Passed U/Sec.250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstance Prevailing In The Case & In Law, The Honourable Commissioner Of Income Tax Appeal, Nfac, Delhi, Has Erred In Not Considering The Submission Made By The Appellant Dated 16.12.2019 & Thus There Is Violation Of Principle Of Natural Justices.

Section 250Section 69A

Assessing Officer and ld.CIT(A). Findings & Analysis : 4. We have heard both the parties and perused the records. There is a delay in filing appeal before this Tribunal. We have perused the Affidavit filed by the Legal Heir of the Assessee. We are convinced that there is a sufficient cause