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)

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.

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.

Raja Kishor Raghuramy Reddy v. ACIT
112 Taxmann.com 134 · 2019 · Supreme Court
66
citing judgments

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.

Aggarwal v. NFAC
127 Taxmann.com 637 · High Court
34
citing judgments
Hire Purchase (P.) Ltd. v. NFAC
128 Taxmann.com 190 · High Court
34
citing judgments
Panaji Page 7 of 12 BS Bhate & Others v. DCIT AY
460 ITR 508 · High Court
34
citing judgments

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.

Chandrakant Dharia v. ITO
469 ITR 262 · Reported
34
citing judgments

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.

Bhattacharjee v. Managing
9 SCR 782 · Supreme Court
22
citing judgments
Pingle Industries v. CIT
40 ITR 67 · 1960 · Supreme Court
11
citing judgments
Industries Ltd. v. CIT
106 Taxmann 337 · 1999 · Supreme Court
8
citing judgments

Judgments on Section 253(1)

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