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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

Regal Education Society, Ratnagiri vs. Income Tax Officer (Exemptions), Kolhapur

In the result, three appeals of the assessee in ITA Nos

ITA 697/PUN/2024[2020-21]Status: DisposedITAT Pune30 Jul 2024AY 2020-21

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.695, 696 & 697/Pun/2024 िनधा"रण वष" / Assessment Years: 2018-19, 2020-21 Regal Education Society, The Income Tax 104, Swami Complex, V Officer(Exemptions), Bazarpeth, Chiplun, Ratnagiri, S Kolhapur. Maharashtra – 415605. Pan: Aabtr5097B Appellant Respondent Assessee By None. Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 30/07/2024 Date Of Pronouncement 30/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals), All Dated 04.03.2024 Passed U/Sec.250 Of The Act For A.Y.2018-19 & A.Y.2020-21. The Assessee In Ita No.695/Pun/2024 Has Raised The Following Grounds Of Appeal : 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Dismissing The Appeal Due To Delay In Filing Without Considering The Case On Merits.

Section 10Section 11Section 115BSection 12ASection 250Section 270A

ld.CIT(A) had dismissed appeal of the assessee on account of delay. 3.1 In ITA No.695/PUN/2024 and ITA No.696/PUN/2024 there was a delay in filing appeal before ld.CIT(A) of 379 days after excluding the Covid-19 period. 3.2 There is a delay of 179 days before ld.CIT

Regal Education Society, Ratnagiri vs. Income Tax Officer (Exemptions), Kolhapur

In the result, three appeals of the assessee in ITA Nos

ITA 696/PUN/2024[2018-19]Status: DisposedITAT Pune30 Jul 2024AY 2018-19

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.695, 696 & 697/Pun/2024 िनधा"रण वष" / Assessment Years: 2018-19, 2020-21 Regal Education Society, The Income Tax 104, Swami Complex, V Officer(Exemptions), Bazarpeth, Chiplun, Ratnagiri, S Kolhapur. Maharashtra – 415605. Pan: Aabtr5097B Appellant Respondent Assessee By None. Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 30/07/2024 Date Of Pronouncement 30/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals), All Dated 04.03.2024 Passed U/Sec.250 Of The Act For A.Y.2018-19 & A.Y.2020-21. The Assessee In Ita No.695/Pun/2024 Has Raised The Following Grounds Of Appeal : 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Dismissing The Appeal Due To Delay In Filing Without Considering The Case On Merits.

Section 10Section 11Section 115BSection 12ASection 250Section 270A

ld.CIT(A) had dismissed appeal of the assessee on account of delay. 3.1 In ITA No.695/PUN/2024 and ITA No.696/PUN/2024 there was a delay in filing appeal before ld.CIT(A) of 379 days after excluding the Covid-19 period. 3.2 There is a delay of 179 days before ld.CIT

Regal Education Society, Ratnagiri vs. Income Tax Officer (Exemptions), Kolhapur

In the result, three appeals of the assessee in ITA Nos

ITA 695/PUN/2024[2018-19]Status: DisposedITAT Pune30 Jul 2024AY 2018-19

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.695, 696 & 697/Pun/2024 िनधा"रण वष" / Assessment Years: 2018-19, 2020-21 Regal Education Society, The Income Tax 104, Swami Complex, V Officer(Exemptions), Bazarpeth, Chiplun, Ratnagiri, S Kolhapur. Maharashtra – 415605. Pan: Aabtr5097B Appellant Respondent Assessee By None. Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 30/07/2024 Date Of Pronouncement 30/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals), All Dated 04.03.2024 Passed U/Sec.250 Of The Act For A.Y.2018-19 & A.Y.2020-21. The Assessee In Ita No.695/Pun/2024 Has Raised The Following Grounds Of Appeal : 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Dismissing The Appeal Due To Delay In Filing Without Considering The Case On Merits.

Section 10Section 11Section 115BSection 12ASection 250Section 270A

ld.CIT(A) had dismissed appeal of the assessee on account of delay. 3.1 In ITA No.695/PUN/2024 and ITA No.696/PUN/2024 there was a delay in filing appeal before ld.CIT(A) of 379 days after excluding the Covid-19 period. 3.2 There is a delay of 179 days before ld.CIT

Gowrin Charitable Trust, Chennai vs. ITO Exemptions Ward 1, Chennai

In the result, appeals filed by the assessee are allowed for statistical purpose

ITA 1368/CHNY/2024[2019-20]Status: DisposedITAT Chennai26 Jul 2024AY 2019-20

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Jagadishआयकरअपील सं./ Ita Nos.1367 & 1368/Chny/2024 (िनधा"रणवष" / Assessment Years: 2018-2019 & 2019-2020) M/S. Gowrin Charitable Trust, Vs. The Income Tax Officer, No.36/40, Lazarus Church Road, (Exemption) Mandavelipakkam, Ward 1, Rajaannamalaipuram, Chennai. Chennai 600 028. [Pan: Aabtg 1312N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri K.R. Sudersan, C.A., ""यथ" क" ओर से /Respondent By : Shri V.Justin, Irs, Jcit. सुनवाई क" तार"ख/Date Of Hearing : 22.07.2024 घोषणा क" तार"ख /Date Of Pronouncement : 26.07.2024 आदेश / O R D E R Manu Kumar Giri ()

For Appellant: Shri K.R. Sudersan, C.AFor Respondent: Shri V.Justin, IRS, JCIT
Section 11Section 12ASection 143(1)Section 143(1)(a)Section 249(3)

appeal before us. 5. At the outset, Ld.AR for the appellant submitted that Ld. CIT(A) has not appreciated the reasons given for delay in filing appeals and prayed that delay in filing the appeals be condoned and appeal be heard on merits after affording an adequate opportunity of hearing ... have heard the both parties and perused the impugned order. Assessee before the ld.CIT(A) has given the following reasons for the delay in filing appeals: ’4.6 The appellant has submitted the following for justifying the said delay as under:- The Trustees of the Appellant does not have any knowledge

Gowrin Charitable Trust, Chennai vs. ITO Exemptions Ward 1, Chennai

In the result, appeals filed by the assessee are allowed for statistical purpose

ITA 1367/CHNY/2024[2018-19]Status: DisposedITAT Chennai26 Jul 2024AY 2018-19

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Jagadishआयकरअपील सं./ Ita Nos.1367 & 1368/Chny/2024 (िनधा"रणवष" / Assessment Years: 2018-2019 & 2019-2020) M/S. Gowrin Charitable Trust, Vs. The Income Tax Officer, No.36/40, Lazarus Church Road, (Exemption) Mandavelipakkam, Ward 1, Rajaannamalaipuram, Chennai. Chennai 600 028. [Pan: Aabtg 1312N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri K.R. Sudersan, C.A., ""यथ" क" ओर से /Respondent By : Shri V.Justin, Irs, Jcit. सुनवाई क" तार"ख/Date Of Hearing : 22.07.2024 घोषणा क" तार"ख /Date Of Pronouncement : 26.07.2024 आदेश / O R D E R Manu Kumar Giri ()

For Appellant: Shri K.R. Sudersan, C.AFor Respondent: Shri V.Justin, IRS, JCIT
Section 11Section 12ASection 143(1)Section 143(1)(a)Section 249(3)

appeal before us. 5. At the outset, Ld.AR for the appellant submitted that Ld. CIT(A) has not appreciated the reasons given for delay in filing appeals and prayed that delay in filing the appeals be condoned and appeal be heard on merits after affording an adequate opportunity of hearing ... have heard the both parties and perused the impugned order. Assessee before the ld.CIT(A) has given the following reasons for the delay in filing appeals: ’4.6 The appellant has submitted the following for justifying the said delay as under:- The Trustees of the Appellant does not have any knowledge