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)

Longulf Trading (India) P.Ltd, Mumbai vs. DCIT 8(2), Mumbai

In the result, appeal filed by the assessee for assessment year 2008-2009

ITA 592/MUM/2013[2008-09]Status: DisposedITAT Mumbai01 May 2019AY 2008-09

Bench: Shri G.S. Pannu (Vp) & Shri Ram Lal Negi (Jm) Assessment Year: 2008-09 M/S Longulf Trading (India) The Dcit 8 (2), Private Limited, Mumbai A-Wing, 5Th Floor, Unit 1B, Time Square, Vs. Andheri Kurla Road, Marol, Andheri (East), Mumbai - 400059 Pan: Aaacl1075D (Appellant) (Respondent) Assessee By : Shri Sanjay R. Parikh (Ar) Revenue By : Shri Rajesh Kumar Yadav & Jothi Lakshmi Nayak (Drs) Date Of Hearing: 08/02/2019 Date Of Pronouncement: 01/05/2019 O R D E R Per Ram Lal Negi, Jm This Appeal Has Been Filed By The Assessee Against Order Dated 31/10/2012 Passed By The Ld. Commissioner Of Income Tax (Appeals)-17, Mumbai, For The Assessment Year 2008-09, Whereby The Ld. Cit (A) Has Dismissed The Appeal Filed By The Assessee Against Assessment Order Passed U/S 143 (3) Of The Income Tax Act, 1961 (For Short ‘The Act’) & Further Directed The Ao To Disallow The Net Provision For Loss Of Rs. 51,515/-. 2. Brief Facts Of The Case Are That The Assessee An Exporter Engaged In The Business Of Supply Of Agriculture Commodities Industrial Chemical & Food Additives, Textiles & Engineering Goods Etc., Filed Its Return Of Income For The Assessment Year Under Consideration Declaring The Total Income Of Rs. 5,34,39,100/-. Since, The Case Was Selected For Scrutiny, The Ao Issued Notice U/S 143 (2) & 142 (1) Of The Act. In Response Thereof The Finance Manager Of 2 Assessment Year: 2008-09

For Appellant: Shri Sanjay R. Parikh (AR)For Respondent: Shri Rajesh Kumar Yadav &
Section 143