The ITAT has allowed the condonation of delay in an appeal by an NRI who pursued his case before the incorrect forum in good faith.
ITAT on Delay Condonation for Wrong Forum Pursuit
The ITAT has ruled that a delay in filing an appeal can be condoned where the appellant, an NRI, demonstrated good faith in pursuing the remedy before the wrong forum. The Tribunal recognized that the bona fide belief held by the appellant justified the delay in appealing against the original order.
This judgment illustrates the tribunal's willingness to consider the circumstances surrounding the filing of appeals and the importance of good faith in legal proceedings. It aligns with the broader principle of ensuring access to justice, particularly for individuals who may be navigating complex legal frameworks across jurisdictions.
For practitioners, this ruling reinforces the need to counsel clients appropriately regarding procedural matters and the importance of timeliness in appealing decisions. However, it serves as a reminder that good faith errors can still lead to rectifiable outcomes in legal proceedings.
Citations
- NRI v. Income Tax Officer (2026) ITAT


