Section 253(5) of the Income Tax Act

Income-tax Act, 2025: s.362

Section 253(5) falls under section 253 of the Income-tax Act, 1961, which corresponds to section 362 (Appeals to Appellate Tribunal) of the Income-tax Act, 2025.

Read section 362 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 253(5) is Balakrishnan v. M. Krishnamurthy (7 SCC 123), cited in 368 of the 740 judgments on BharatTax that turn on this section.

Leading authorities on Section 253(5)

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.

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.

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.

People Education and Economic Development Society (PEEDS) v. ITO
100 ITD 87 · 2006 · ITAT
121
citing judgments

When substantial justice and procedural technicalities are in conflict, especially in cases involving non-deliberate delay, the cause of substantial justice must be prioritized. The opposing party cannot claim a vested right to benefit from injustice due to such delays.

CIT v. Ram Commercial Enterprises Ltd.
246 ITR 568 · 2000 · High Court
103
citing judgments

The Assessing Officer must record clear satisfaction in the assessment order that the assessee concealed particulars of income or furnished inaccurate particulars, for initiating penalty proceedings under section 271(1)(c). Without such recorded satisfaction, the penalty proceedings lack jurisdiction and are unsustainable in law.

Venkatadri Traders Ltd. v. CIT
118 Taxmann 622 · 2001 · High Court
88
citing judgments

The principle of 'sufficient cause' for condoning a delay in filing an appeal should be construed liberally, particularly when the assessee would not have gained from the delay or when the delay arose from reasonable grounds like wrong professional advice.

Pundlik Jalam Patil v. Executive Engineer, Jalgaon Medium Project
17 SCC 448 · 2008 · Supreme Court
82
citing judgments

The Supreme Court emphasizes that courts assist only those who are vigilant and do not slumber over their rights, establishing a stricter approach against condoning significant or unexplained delays in filing appeals.

Bajaj Hindusthan Ltd. v. Jt. CIT (AT)
277 ITR 1 · Reported
79
citing judgments

The Income Tax Appellate Tribunal can condone significant delays in filing an appeal, such as 180 days, if the appeal was filed after a Supreme Court judgment clarified the legal position, demonstrating a reasonable cause for the delay.

Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh & Ors.
118 ITR 326 · 1979 · Supreme Court
65
citing judgments

There is no legal presumption that every person knows the law, and the maxim 'ignorantia juris non excusat' does not imply universal legal awareness. This principle is applied when evaluating whether a taxpayer's genuine belief or ignorance of law impacts their liability for penalties or constitutes reasonable cause.

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.

Judgments on Section 253(5)

Kapil Khandelwal, Bareilly, Uttar Pradesh vs. Asst. Commissioner of Income Tax, Circle-I, Bareilly, Uttar Pradesh

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

ITA 335/LKW/2025[2015-16]Status: DisposedITAT Lucknow27 Feb 2026AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Kapil Khandelwal, Vs. Asstt. Commissioner Of 56, Moar Kothi, Gangapur, Bareilly Income Tax, Circle-I, Bareilly Pan: Aiypk4908M (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 22.01.2026 Date Of Pronouncement: 27.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961, Wherein The Ld. Cit(A) Has Confirmed The Penalty Levied Upon The Assessee Under Section 271(1)(C) By The Ld. Ao On 17.03.2022 & Dismissed The Appeal Of The Assessee For The A.Y. 2015-16. The Grounds Of Appeal Are As Under: - “1. Because Requisite Satisfaction For Levy Of Penalty U/S 271(1)(C) If The Income Tax Act 1961 Was Not Recorded In The Regular Assessment Order Dated 22.12.2017 Passed A/S 100%, Therefore, Penalty Proceedings Got Wholly Vitiated & Consequently, The Id. "Cit(A)" Ought To Have Quashed The Penalty Order Dated 17.03.2022, Being Illegal, Bad-In-Law & Without Jurisdiction 2. Because The Show Cause Notice For Levy Of Penalty Under Section 271(1)(C) Of The Act Did Not Specify Under Which Limb Penalty Was Sought To Be Imposed I.E.. Whether On Account Of Concealment Of Income Or For Furnishing Inaccurate Particulars Of Income & Consequently, The Penalty Order Dated 17.03.2022 Passed By Faceless Assessing Officer Deserved To Be Quashed.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 10(38)Section 250Section 271(1)(c)

Srimad Virat Pothuluri Veerabrahmendra Swamulavari Muttam, Kadapa vs. ITO, Exemption Ward, Tirupati

In the result, the appeal of the assessee in ITA No

ITA 2287/HYD/2025[2016-17]Status: DisposedITAT Hyderabad13 Feb 2026AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1164/Hyd/2025 (निर्धारण वर्ष/Assessment Year: 2016-17) Srimad Virat Pottuluri Veera Vs. Income Tax Officer Brahmendra Swamula Vari Exemption Ward, Mattam, Kadapa. Tirupati. Pan: Aagts2599Q (Respondent) (Appellant) आ.अपी.सं /Ita No.2287/Hyd/2025 (निर्धारण वर्ष/Assessment Year: 2016-17) Srimad Virat Pottuluri Veera Vs. Income Tax Officer, Brahmendra Swamula Vari Exemption Ward, Chittoor, Mattam, Kadapa. Tirupati. Pan: Aagts2599Q (Respondent) (Appellant) निर्धारिती द्वारा/Assessee By: Shri Ravindra Chenji, Advocate (Through Hybrid Mode) राजस्व द्वारा /Revenue By:: Ms. Payal Gupta, Sr.Ar सुनवाई की तारीख/Date Of Hearing: 09/02/2026 घोषणा की तारीख/Pronouncement: | 13/02/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: The Captioned Appeals Are Filed By Srimad Virat Pottuluri Veera Brahmendra Swamula Vari Mattam (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 21/08/2023 & 21/10/2025 Respectively For The A.Y.2016-17.

For Appellant: Shri Ravindra Chenji, Advocate
Section 253(5)