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“condonation of delay”

AppealsSection 249Section 24912,312 judgments

The decision most relied on for condonation of delay is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on condonation of delay

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.
2 SCC 107 · 1987 · Supreme Court
451
citing judgments

Courts must adopt a liberal approach when considering applications for condonation of delay, preferring to decide cases on their merits rather than allowing technicalities of limitation to scuttle justice. This principle applies to ensure the substantive rights of parties are not defeated by minor delays.

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.

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.

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.

Inder Singh v. State of Madhya Pradesh
2025 INSC 382 · 2025 · Supreme Court
267
citing judgments

Non-deliberate procedural delays caused by circumstances beyond control must be condoned in the interest of substantial justice, even if the delay is significant, such as over 1500 days.

Vedabhai v. Santaram
253 ITR 798 · 2002 · Supreme Court
262
citing judgments

When substantial justice and technical considerations are in conflict, substantial justice should be prioritized. Condoning delay requires a cautious approach without malafide or dilatory tactics, and 'sufficient cause' should be interpreted liberally to advance substantial justice.

Sreenivas Charitable Trust v. Dy. CIT
280 ITR 357 · 2006 · High Court
182
citing judgments

The expression "sufficient cause" for condoning delay in filing appeals must receive a liberal and purposive construction. This approach aims to advance substantial justice, which is of paramount importance.

Judgments citing condonation of delay

Tiruchitambalam Projects Limited, Nagercoil vs. Assistant Commissioner of Income Tax, Nagercoil

In the result, the appeal of the assessee is dismissed

ITA 1689/CHNY/2025[2013-14]Status: DisposedITAT Chennai14 Nov 2025AY 2013-14

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1689/Chny/2025 Assessment Years: 2013-14 Tiruchitambalam Projects Limited, Assistant Commissioner Of No.126, K.P.Road, Income Tax, Chettikulam Junction, Circle-1, Nagercoil, Kanyakumari, Nagercoil. Tamil Nadu-629 002. [Pan: Aaact6980B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : None प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 03.11.2025 घोषणा की तारीख /Date Of Pronouncement : 14.11.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: NoneFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 143(3)

delay of 11 days identified by the registry. It was argued that the letter of the assessee dated 12.06.2025 requesting for condonation of delay indicates that there was no sufficient cause was available with the assessee. It was contended that no evidence had been adduced in support of averments made ... condonation of delay. Further, it was argued that the assessee is casual and irresponsible in attending to its requirements. It was consequently argued that the delay be not condoned and appeal be dismissed. 4.0 We have considered the arguments of the Ld. DR in the light of material available

Techsol Engineering Services (India) Pvt. Ltd., Chennai vs. ITO, Corporate Ward-3(1), Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 1500/CHNY/2025[2018-19]Status: DisposedITAT Chennai14 Nov 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1500/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Techsol Engineering Services (India) Vs. The Income Tax Officer, Private Limited, 1St Floor, No. 83, Corporate Ward 3(1), Sapthagiri Apartments, Ttk Road, Chennai. Alwarpet, Chennai 600 018. [Pan:Aadct1863A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Ranjit Singh, Advocate ""थ" की ओर से/Respondent By : Shri R.V. Aroon Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.11.2025 घोषणा की तारीख /Date Of Pronouncement : 14.11.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.09.2021 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 1273 Days. The Assessee Filed Petition Accompanied By Notarized Affidavit By Giving Explanation To Condone The Delay.

For Appellant: Shri Ranjit Singh, AdvocateFor Respondent: Shri R.V. Aroon Prasad, Addl. CIT
Section 143(1)Section 250

that this appeal is filed with a delay of 1273 days. The assessee filed petition accompanied by notarized affidavit by giving explanation to condone the delay. 2 I.T.A. No.1500/Chny/25 3. The ld. AR Shri Ranjit Singh drew our attention to para 3 of the affidavit and submits that the assessee ... delay is due to lack of communication, but, not deliberate as the assessee always being complied and prompt upon awareness. He prayed to condone the delay. 4. The ld. DR Shri R.V. Aroon Prasad, Addl. CIT submits that the assessee failed to show sufficient cause in explaining the delay

Baljeet Memorial Charitable Trust, New Delhi vs. ITO, Ward Exemption-1(3), New Delhi

ITA 5662/DEL/2024[2019-20]Status: DisposedITAT Delhi14 Nov 2025AY 2019-20

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year : 2019-20 Baljeet Memorial Charitable Trust, Vs. Income Tax Officer, A-9/27, Vasant Vihar, Ward Exemption-1(3), New Delhi – 110 057. New Delhi. Pan: Aaatb1194J Assessee By : Shri Ashok Jain, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 03.11.2025 Date Of Pronouncement : 14.11.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 30.08.2024 Of The Ld. Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.Nfac/2018-19/10214446, Filed Before Him Against The Order Dated 14.10.2022 Passed U/S 154 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Adit, Cpc, Bengaluru (Hereinafter Referred To As The Ld. Ao, For Short).

For Appellant: Shri Ashok Jain, CAFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 154

hearing both the sides, we find that the appeal before this Tribunal is delayed by 39 days and an application for condonation of delay has been filed citing the reasons that due to lapse on the part of the Chartered Accountant representing the assessee, there was delay in filing ... only the question of delay should have been adjudicated by the NFAC. However, considering that the delay is not of substantial period, we condone the delay before the NFAC and direct the NFAC to admit the appeal and adjudicate the appeal on merits. An opportunity of hearing shall be given