Section 253(1) of the Income Tax Act
The decision most relied on for Section 253(1) is Vishin Meghani v. DCIT & Anr (398 ITR 250), cited in 291 of the 128 judgments on BharatTax that turn on this section.
Leading authorities on Section 253(1)
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.
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.
Condonation of delay in filing an appeal is determined by the sufficiency of the cause shown, not merely the length of the delay, as the length of delay can never be the sole deciding factor.
Denial of personal hearing during assessment proceedings violates the principle of natural justice and warrants quashing of the assessment order, especially when such a hearing is explicitly provided for by law. This denial undermines a taxpayer's ability to present their case effectively.
An adverse assessment order cannot be passed without granting the taxpayer an opportunity for a personal hearing, especially when income is to be varied based on submitted evidence.
Judgments on Section 253(1)
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