← All Phrases

“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

Kalpesh Chaturbhai Raiyani, Rajkot vs. The Income Tax Officer, Ward-1(1)(1), Rajkot

Appeal is allowed for statistical purpose

ITA 145/RJT/2025[2016-17]Status: DisposedITAT Rajkot04 Nov 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 143-145/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2014-15-2016-17) Kalpesh Chaturbhai Raiyani The Income Tax Officer, Ward- 8-New Meghani Nagar Corner, Sahakar Vs. 1(1)(1), Main Road, Aaykar Bhawan, Race Course Ring Rajkot - 360002 Road, Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aszpr8968H (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri Samir Bhuptani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 26/08/2025 : 04/11/2025 Date Of Pronouncement Order Per, Dinesh Mohan Sinha, J.M.: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2014-15 – 2016-17, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961, By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 05.06.2024/06.06.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147 Read With Section 144B Of The Act, On 28.03.2022/ 29.03.2024. Ita No. 143-145/Rjt/2025 Kalpesh Chaturbhai Raiyani 2. Grounds Of Appeal Raised By The Assessee Are As Follows (Ita No. 143- Rjt-25):

For Appellant: Shri Samir Bhuptani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144BSection 147Section 148Section 250Section 69B

inform that there is a delay of 207 days in filling the appeal before this Tribunal. That the assessee moved an application for condonation of delay in filing the appeal along with the affidavit, the relevant portion of the sad application is reproduced: “b. In the course of the appellate

Kalpesh Chaturbhai Raiyani, Rajkot vs. The Income Tax Officer, Ward-1(1)(1), Rajkot

Appeal is allowed for statistical purpose

ITA 144/RJT/2025[2015-16]Status: DisposedITAT Rajkot04 Nov 2025AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 143-145/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2014-15-2016-17) Kalpesh Chaturbhai Raiyani The Income Tax Officer, Ward- 8-New Meghani Nagar Corner, Sahakar Vs. 1(1)(1), Main Road, Aaykar Bhawan, Race Course Ring Rajkot - 360002 Road, Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aszpr8968H (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri Samir Bhuptani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 26/08/2025 : 04/11/2025 Date Of Pronouncement Order Per, Dinesh Mohan Sinha, J.M.: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2014-15 – 2016-17, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961, By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 05.06.2024/06.06.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147 Read With Section 144B Of The Act, On 28.03.2022/ 29.03.2024. Ita No. 143-145/Rjt/2025 Kalpesh Chaturbhai Raiyani 2. Grounds Of Appeal Raised By The Assessee Are As Follows (Ita No. 143- Rjt-25):

For Appellant: Shri Samir Bhuptani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144BSection 147Section 148Section 250Section 69B

inform that there is a delay of 207 days in filling the appeal before this Tribunal. That the assessee moved an application for condonation of delay in filing the appeal along with the affidavit, the relevant portion of the sad application is reproduced: “b. In the course of the appellate

Kalpesh Chaturbhai Raiyani, Rajkot vs. The Income Tax Officer, Ward-1(1)(1), Rajkot

Appeal is allowed for statistical purpose

ITA 143/RJT/2025[2014-15]Status: DisposedITAT Rajkot04 Nov 2025AY 2014-15

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 143-145/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2014-15-2016-17) Kalpesh Chaturbhai Raiyani The Income Tax Officer, Ward- 8-New Meghani Nagar Corner, Sahakar Vs. 1(1)(1), Main Road, Aaykar Bhawan, Race Course Ring Rajkot - 360002 Road, Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aszpr8968H (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri Samir Bhuptani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 26/08/2025 : 04/11/2025 Date Of Pronouncement Order Per, Dinesh Mohan Sinha, J.M.: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2014-15 – 2016-17, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961, By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 05.06.2024/06.06.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147 Read With Section 144B Of The Act, On 28.03.2022/ 29.03.2024. Ita No. 143-145/Rjt/2025 Kalpesh Chaturbhai Raiyani 2. Grounds Of Appeal Raised By The Assessee Are As Follows (Ita No. 143- Rjt-25):

For Appellant: Shri Samir Bhuptani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144BSection 147Section 148Section 250Section 69B

inform that there is a delay of 207 days in filling the appeal before this Tribunal. That the assessee moved an application for condonation of delay in filing the appeal along with the affidavit, the relevant portion of the sad application is reproduced: “b. In the course of the appellate

DCIT, Circle 5(1), Kolkata vs. National Engineering Industries Ltd, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1475/KOL/2025[2020-21]Status: DisposedITAT Kolkata04 Nov 2025AY 2020-21

Bench: Shri George Mathan & Shri Rakesh Mishraआयकर अपील सं/Ita No.1475/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2020-2021) Dcit, Circle-5(1), Kolkata Vs M/S National Engineering Industries Ltd. 11Th Floor Birla Building, West Bengal-700001 Pan No. :Aaacn 9969 L (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Ms. Vidhi Ladia, Ar रधजस्व की ओर से /Revenue By : Shri Pradeep Dung Dung, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 04/11/2025 घोषणा की तारीख/Date Of Pronouncement : 04/11/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A), Kolkata-22, Dated 08.04.2025 For The Assessment Year 2020-2021. 2. Appeal Of The Revenue Is Barred By 8 Days. In This Regard, The Revenue Has Filed An Application Supported With Affidavit Stating Therein Sufficient Reasons For Condonation Of Delay. Considering The Affidavit Of The Revenue, We Condone The Delay Of 8 Days In Filing The Appeal & The Appeal Is Admitted For Hearing. 3. The Only Issue In The Appeal Of The Revenue Is Against The Order Of The Ld. Cit(A) In Allowing Deduction U/S.80Jjaa Of The Act To The Assessee. The Tax Effect In Respect Of The Said Ground Is Less Than Rs.60 Lakhs. Ld. Sr. Dr Submitted That The Appeal Of The Revenue Is Maintainable In View Of Exceptional Clause (I) To Paragraph 3.1 Of The Cbdt Circular No.5/2024, Dated 15.03.2024. A Perusal Of The Said Clause (I) Shows That The Exemption

For Appellant: Ms. Vidhi Ladia, ARFor Respondent: Shri Pradeep Dung Dung, Sr. DR
Section 80J

revenue is barred by 8 days. In this regard, the revenue has filed an application supported with affidavit stating therein sufficient reasons for condonation of delay. Considering the affidavit of the revenue, we condone the delay of 8 days in filing the appeal and the appeal is admitted for hearing

Gsma Ltd, Usa vs. ACIT Circle Intl Taxation 1(3)(1), New Delhi

In the result, appeal of the assessee is allowed

ITA 2446/DEL/2024[2017-18]Status: DisposedITAT Delhi04 Nov 2025AY 2017-18

Bench: Shri Vikas Awasthy& Shri Brajesh Kumar Singhआअसं.2446/िद"ी/2024(िन.व. 2017-18) Gsma Ltd., 1000 Abernathy Road, Suite 450, Atalanta, Untied State Of America ...... अपीलाथ"/Appellant Pan: Aaecg-1610-K बनाम Vs. Assistant Commissioner Of Income-Tax, International Taxation 1(3)(1), Civic Centre, ....."ितवादी/Respondent Minto Road, New Delhi 110002 अपीलाथ" "ारा/ Appellant By: Shri P.P Singh, Advocate "ितवादी"ारा/Respondent By: Shri M.S Nethrapal, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/08/2025 घोषणा क" ितिथ/ Date Of Pronouncement : 04/11/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 06.04.2021 Passed U/S. 143(3) R.W.S 144C(13) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’), For Assessment Year 2017-18. 2. The Registry Has Issued Defect Memo Stating That The Appeal Is Time Barred By 1076 Days. The Assessee Has Filed An Application Supported By An Affidavit Citing Reasons For Delay In Filing Of Appeal.

For Appellant: Shri P.P Singh, AdvocateFor Respondent: Shri M.S Nethrapal, CIT-DR
Section 143(3)Section 9(1)(vii)

remotely from the USA. 3.1. We have heard the submissions made by ld. Counsel for the assessee and have examined the application of condonation of delay. The impugned order was passed during Covid period on 06.04.2021. The Hon’ble Apex Court suo moto after taking cognizance of the hardship cause ... reasons stated in the affidavit supporting the application for delay in condonaiton of appeal and the reasons appears to be bonafide. We, therefore, condone the delay and admit the appeal for adjudication. 4. The facts of the case in brief as emanating from records are: The assessee company was incorporated