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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

Sharwan Lal Dudhawal, Sikar vs. ITO Ward Neemkathana Bor AO CPC, Neemkathana

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

ITA 549/JPR/2024[2017-18]Status: DisposedITAT Jaipur04 Jul 2024AY 2017-18

Bench: Shri Sandeep Gosain & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.549/Jpr/2024 िनधा"रण वष" / Assessment Year : 2017-18 Sharwan Lal Dudhawal, The Income Tax Dudhwalon Ki Dhani Vpo V Officer, Ajeetgarh, S Ward-Neemkathana Sikar/Neemkathana, Meen- Bor Ao Cpc, Ka-Thana, Rajasthan-332701. Neemkathana. Pan: Ajypd8361Q Appellant / Assessee Respondent / Revenue Assessee By Shri Shrawan Kumar Gupta – Advocate (Ar) Revenue By Shri Rajesh Kumar Meena – Addl.Cit(Dr) Date Of Hearing 02/07/2024 Date Of Pronouncement 04/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Additional Commissioner Of Income Tax/Jcit(Appeals)-5, Shrawan Lal Dudhwal [A]

Section 143(1)Section 234Section 249(3)Section 250Section 44A

extended the limitation date for all the appeal from 15.03.2020 to 28.02.2022 due to Covid-19 Pandemic. Therefore, in this case, the actual delay in filing appeal before the ld.CIT(A) is from 15.05.2019 to 14.03.2020, thus, the delay is of 304 days. We have gone through the Affidavit ... assessee which was filed before the ld.CIT(A) along with condonation application. We find that there was sufficient cause for the said delay in filing appeal before the ld.CIT(A). Therefore, we set-aside the order of ld.Addl.CIT(A) to ld.CIT(A) for denovo adjudication by condoning the delay