Section 249(3) of the Income Tax Act

Income-tax Act, 2025: s.358

Section 249(3) 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(3) is Balakrishnan v. M. Krishnamurthy (7 SCC 123), cited in 368 of the 1,376 judgments on BharatTax that turn on this section.

Leading authorities on Section 249(3)

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.

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.

Ambica Quarry Works v. State of Gujarat
4 SCC 363 · 1992 · Supreme Court
117
citing judgments

The law declared by a judgment is the principle derived from reading the judgment as a whole in light of the questions it addresses. Lower authorities are bound by the orders of higher authorities due to judicial discipline.

Basawaraj v. Land Acquisition Officer
14 SCC 81 · 2013 · Supreme Court
65
citing judgments

Sufficient cause for condoning delay means an adequate and non-blameworthy reason that prevented a party from acting within the prescribed time, requiring an explanation that would satisfy a cautious person. It is not an elastic concept covering long, negligent, or stale claims.

Vaijayantabai Baburao Patil v. Shantaram Baburao Patil
122 Taxmann 114 · 2002 · Supreme Court
63
citing judgments
P.K. Ramachandran v. State of Kerala
7 SCC 556 · 1997 · Reported
59
citing judgments

The law of limitation must be applied with all its rigour, and courts cannot extend the period of limitation on mere equitable considerations or for casual explanations without sufficient cause. Parties must demonstrate diligence and a bona fide reason for the delay.

Improvement Trust, Ludhiana v. Ujagar Singh
6 SCC 786 · 2010 · Supreme Court
57
citing judgments

Delay in filing appeals should be condoned if it is not deliberate or mala fide, as courts must adopt a pragmatic approach to advance substantial justice and allow matters to be contested on merits rather than dismissing them on technicalities.

Prashant Projects Ltd. v. DCIT
37 Taxmann.com 137 · 2013 · Reported
53
citing judgments

The ITAT held that while a liberal approach may be adopted for condoning delay in filing appeals, this does not permit filing appeals disregarding statutory time limits. Gross negligence, deliberate inaction, or lack of bona fide on the part of the assessee can be grounds for dismissing an appeal filed after the prescribed period.

CIT v. Ram Mohan Kabra
257 ITR 773 · 2002 · High Court
52
citing judgments

Statutory provisions prescribing limitation periods must be applied strictly. Delay in filing an appeal can only be condoned for sufficient, bona fide, and well-substantiated cause, requiring due diligence from the appellant, and not merely on vague or general grounds.

Madhuri Goud v. B. Damodar Reddy
12 SCC 693 · 2012 · Reported
47
citing judgments

When considering an application for condonation of delay, courts must adopt a liberal, pragmatic, and justice-oriented approach, understanding 'sufficient cause' in its proper spirit to serve the ends of justice and avoid legalizing injustice.

Judgments on Section 249(3)

Shri Raj Kumar Gupta, Jaipur vs. Income Tax Officer, Ward-6-2, Jaipur

In the result, appeal of the assessee is allowed for statistical purposes only

ITA 1460/JPR/2018[2014-15]Status: DisposedITAT Jaipur09 Dec 2020AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1460/Jp/2018 Assessment Year: 2014-15 Shri Raj Kumar Gupta, Cuke I.T.O. Vs. F-100, Panchsheel Marg, C-Scheme, Ward-6(2), Jaipur-302001. Jaipur. Pan No.: Ahppg 4958 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vikash Rajvanshi (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 09/12/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A), Ajmer Dated 17/10/2018 For The A.Y. 2014-15. The Effective Ground Raised By The Assessee In The Appeal Reads As Under: “1. The Assessee Could Not File The Appeal In Time At Cit Level As He Got Sick & Mentally Upset Due To Deep Financial Pressure As He Was Suffering From Financial Hardship & Seeked Condonation Of Delay Of 38 Days In Filing The Appeal But His Appeal Was Dismissed By Cit(A) Without Dealing On The Basis Of Merits Of The Case As Cit Sustained The Arbitrarily Disallowance By Ld. Ao Of Lump Sum Addition Of Rs. 4,00,000/- Out Of Other Expenses Without Any Basis. Also Assessing Officer Has Erred In Law By Arbitrarily Disallowing Lump Sum Amount Of Rs. 4,00,000/- Without Issuing Show Cause Notice U/S 143(2) Which Is Violation Of The Principle Of Nature Justice.”

For Appellant: Shri Vikash Rajvanshi (CA)For Respondent: Smt. Rooni Paul (Addl.CIT)
Section 143(2)Section 246(2)(b)Section 249(3)Section 5