Section 249(2) of the Income Tax Act

Income-tax Act, 2025: s.358

Section 249(2) falls under section 249 of the Income-tax Act, 1961, which corresponds to section 358 (Form of appeal and limitation) of the Income-tax Act, 2025.

Read section 358 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 249(2) is Vaijayantabai Baburao Patil v. Shantaram Baburao Patil (122 Taxmann 114), cited in 63 of the 636 judgments on BharatTax that turn on this section.

Leading authorities on Section 249(2)

Vaijayantabai Baburao Patil v. Shantaram Baburao Patil
122 Taxmann 114 · 2002 · Supreme Court
63
citing judgments
Perumon Bhagvathy Devaswom, Perinadu Village v. Bhargavi Amma (Dead) by LRs
8 SCC 321 · 2008 · Reported
31
citing judgments

The phrase 'sufficient cause for not making the application within the period of limitation' is to be understood and applied liberally. The burden of proving 'sufficient cause' rests on the appellant.

Surinder Kumar Boveja v. CWT
287 ITR 52 · 2006 · High Court
20
citing judgments

The court cannot condone prolonged delays in filing appeals if the assessee has not demonstrated due diligence. Delay in filing appeals, particularly those related to penalties under sections 272A(1)(d) and 270A, cannot be routinely excused.

Ornate Traders (P.) Ltd. v. ITO
312 ITR 193 · 2008 · High Court
17
citing judgments

The expression 'sufficient cause' for condoning delay in filing an appeal is to be judged with reference to reasonableness and the conduct expected of a litigant acting with ordinary prudence, falling within the realm of normal human conduct.

Collector, Land Acquisition v. Mst. Kauji
66 STC 228 · 1987 · Supreme Court
16
citing judgments

Courts should adopt a liberal approach when considering applications for condonation of delay in filing appeals. Refusing to condone delay can lead to a meritorious case being dismissed on technical grounds, thereby defeating the cause of justice.

EBR v. UOI
89 Taxmann.com 194 · 2018 · High Court
11
citing judgments

The High Court condones delay in filing an appeal when substantial justice is preferred over technical considerations, and there is no presumption of intentional delay by the litigant.

Rarefield Engineers (P.) Ltd. v. Assistant Commissioner of 13. Income-tax
156 Taxmann.com 643 · 2023 · High Court
7
citing judgments
Rajendrakumar Maneklal Shah (HUF) v. CIT
213 ITR 715 · 1995 · Reported
5
citing judgments
Rekha Krishnaraj v. ITO
85 Taxmann.com 256 · 2017 · Supreme Court
5
citing judgments
Improvement Trust v. Ujagar Singh
45 DTR 377 · 2010 · High Court
4
citing judgments

Judgments on Section 249(2)

Bijender Singh, Alipurduar vs. ITO, Ward-2(3), Alipurduar

In the result, all the appeals of the assessee are allowed

ITA 447/KOL/2024[2022-23]Status: DisposedITAT Kolkata12 Jun 2024AY 2022-23

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 445 To 447/Kol/2024 Assessment Year: 2019-20, 2021-22 & 2022-23 Bijender Singh Income Tax Officer, Ward-2(3), C/O Subash Agarwal & Associates, Vs Alipurduar Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Dsnps3610C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri S.B. Chakraborthy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 20/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax, Appeal, Addl/Jcit(A)-10, Mumbai (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2019-20. 2. The Registry Has Pointed Out That There Is A Delay Of 20 Days In Filing Of These Appeals. There Is A Petition For Condonation Of Delay Stating Therein, The Reasons For The Delay. On Perusal Of The Petition, We Are Convinced That The Assessee Was Prevented For Reasonable Cause From Filing This Appeal In Prescribed Time Limit. Accordingly, We

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri S.B. Chakraborthy, JCIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

Bijender Singh, Alipurduar vs. ITO, Ward-2(3), Alipurduar

In the result, all the appeals of the assessee are allowed

ITA 446/KOL/2024[2021-22]Status: DisposedITAT Kolkata12 Jun 2024AY 2021-22

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 445 To 447/Kol/2024 Assessment Year: 2019-20, 2021-22 & 2022-23 Bijender Singh Income Tax Officer, Ward-2(3), C/O Subash Agarwal & Associates, Vs Alipurduar Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Dsnps3610C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri S.B. Chakraborthy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 20/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax, Appeal, Addl/Jcit(A)-10, Mumbai (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2019-20. 2. The Registry Has Pointed Out That There Is A Delay Of 20 Days In Filing Of These Appeals. There Is A Petition For Condonation Of Delay Stating Therein, The Reasons For The Delay. On Perusal Of The Petition, We Are Convinced That The Assessee Was Prevented For Reasonable Cause From Filing This Appeal In Prescribed Time Limit. Accordingly, We

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri S.B. Chakraborthy, JCIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

Bijender Singh, Kolkata vs. ITO, Ward-2(3), Alipurduar

In the result, all the appeals of the assessee are allowed

ITA 445/KOL/2024[2019-20]Status: DisposedITAT Kolkata12 Jun 2024AY 2019-20

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 445 To 447/Kol/2024 Assessment Year: 2019-20, 2021-22 & 2022-23 Bijender Singh Income Tax Officer, Ward-2(3), C/O Subash Agarwal & Associates, Vs Alipurduar Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Dsnps3610C] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri S.B. Chakraborthy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 20/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The Learned Commissioner Of Income Tax, Appeal, Addl/Jcit(A)-10, Mumbai (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2019-20. 2. The Registry Has Pointed Out That There Is A Delay Of 20 Days In Filing Of These Appeals. There Is A Petition For Condonation Of Delay Stating Therein, The Reasons For The Delay. On Perusal Of The Petition, We Are Convinced That The Assessee Was Prevented For Reasonable Cause From Filing This Appeal In Prescribed Time Limit. Accordingly, We

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri S.B. Chakraborthy, JCIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

Shivananda Patil, Kolkata vs. ADIT, CPC, Bangaluru

In the result, all the appeals of the assessee are allowed

ITA 32/KOL/2024[2022-23]Status: DisposedITAT Kolkata03 Jun 2024AY 2022-23

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 30 To 32/Kol/2024 Assessment Year: 2020-21 To 2022-23 Shivananda Patil Adit, Cpc, Bengaluru C/O Subash Agarwal & Associates, Vs Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Beipp9978P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri Probhash Roy, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2020-21 To 2022-23. 2. As The Issues Involved In These Appeals Are Identical, For The Sake Of Convenience They Were Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. The Common Issue Involved In These Appeals That Arises For Our Adjudication Is In Respect Of Denial Of Relief Claimed U/S 90 Of The Act On Account Of Delay In Furnishing Of Form 67 Of The Act.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Probhash Roy, Addl. CIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

Shivananda Pati, Jalpaiguri vs. ADIT, CPC, Bengaluru

In the result, all the appeals of the assessee are allowed

ITA 31/KOL/2024[2021-22]Status: DisposedITAT Kolkata03 Jun 2024AY 2021-22

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 30 To 32/Kol/2024 Assessment Year: 2020-21 To 2022-23 Shivananda Patil Adit, Cpc, Bengaluru C/O Subash Agarwal & Associates, Vs Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Beipp9978P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri Probhash Roy, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2020-21 To 2022-23. 2. As The Issues Involved In These Appeals Are Identical, For The Sake Of Convenience They Were Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. The Common Issue Involved In These Appeals That Arises For Our Adjudication Is In Respect Of Denial Of Relief Claimed U/S 90 Of The Act On Account Of Delay In Furnishing Of Form 67 Of The Act.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Probhash Roy, Addl. CIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90

Shivananda Patil, Jalpaiguri vs. ADIT, CPC, Bengaluru

In the result, all the appeals of the assessee are allowed

ITA 30/KOL/2024[2020-21]Status: DisposedITAT Kolkata03 Jun 2024AY 2020-21

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 30 To 32/Kol/2024 Assessment Year: 2020-21 To 2022-23 Shivananda Patil Adit, Cpc, Bengaluru C/O Subash Agarwal & Associates, Vs Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata - 700069 [Pan : Beipp9978P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri Probhash Roy, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 03/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate But Identical Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2020-21 To 2022-23. 2. As The Issues Involved In These Appeals Are Identical, For The Sake Of Convenience They Were Heard Together & Are Being Disposed Off By Way Of This Common Order. 3. The Common Issue Involved In These Appeals That Arises For Our Adjudication Is In Respect Of Denial Of Relief Claimed U/S 90 Of The Act On Account Of Delay In Furnishing Of Form 67 Of The Act.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Probhash Roy, Addl. CIT, Sr. D/R
Section 143(1)Section 143(1)(a)Section 154Section 249(2)Section 250Section 90