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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

Ala Service Co-Operative Bank Ltd, Thrissur vs. ITO, Ward-2(1), Thrissur

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

ITA 581/COCH/2025[2018-19]Status: DisposedITAT Cochin30 Oct 2025AY 2018-19

Bench: Shri Inturi Rama Rao, Am & Shri Anikesh Banerjee, Jm Assessment Year: 2018-19 Ala Service Co-Op. Bank Ltd . .......... Appellant Santhipuram P.O., Kodungallur, Thrissur 680668 [Pan: Aadaa5833H] Vs. The Income Tax Officer, Wd-2(1), Thrissur ......... Respondent Assessee By: Shri Jojo, C.A., Advocate Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 28.10.2025 Date Of Pronouncement: 30.10.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (Nfac) Dated 17.06.2025 For Assessment Year (Ay) 2018-19. 2. Brief Facts Of The Case Are That The Appellant Is A Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. It Is Classified As A Primary Agricultural Credit Co-Operative Society Engaged In The Business Of Providing Credit Facilities To Its Members & Accepting Deposits From Members. The Return Of 2 Ala Service Co-Op. Bank Ltd. Income For Ay 2018-19 Was Filed On 28.12.2018 Claiming Deduction U/S. 80P Of The Income Tax Act, 1961 (The Act). Against The Said Return Of Income, The Assessment Was Completed By The National E- Assessment Centre (Hereinafter Called "The Ao") Vide Order Dated 15.04.2021 Passed U/S. 143(3) R.W.S. 143(3A) & 143(3B) Of The Act At A Total Income Of Rs. 72,95,927/-. While Doing So, The Ao Denied Deduction U/S. 80P In Respect Of Interest Income 72,95,927/- Derived From District Co-Operative Bank.

For Appellant: Shri Jojo, C.A., AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 119BSection 139(1)Section 143(3)Section 80ASection 80P

appeal before this Tribunal in the present appeal. 5. The learned counsel for the assessee submits before us that application for condonation of delay in filing the appeal was filed with the Principal Commissioner of Income Tax which is pending disposal. Therefore, the appeal may be restored to the file ... section 80AC of the Act. There is no dispute about the applicability of provisions of section 80AC of the Act. The power to condone the delay in filing the return of income is conferred upon the Pr.CIT u/s. 119B of the Act. The Tribunal is not vested with such powers

Shri Babu Lal, Lucknow vs. DCIT, Range-6, Lucknow

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

ITA 203/LKW/2020[2015-16]Status: DisposedITAT Lucknow30 Oct 2025AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.203/Lkw/2020 ननिाारण वर्ा/ Assessment Year: 2015-16 Babu Lal V. Dcit, Range-6 205, Amar Shaheed Path, 3Rd Floor, P. K. Complex, Aurangabad Jagir, Lucknow- 27/2, Raja Ram Mohan 226009. Marg, Lucknow-226001. Pan:Afdpl7463G अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: None प्रत्यर्थी कक और से /Respondent By: Shri R. R. N. Shukla, Addl. Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 27 10 2025 घोर्णा कक तारीख/ Date Of 30 10 2025 Pronouncement: आदेश / O R D E R

For Appellant: NoneFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 143(2)Section 250Section 68

basis of materials available on records. 3. The present appeal is barred by 23 days. The assessee has filed an application seeking condonation of delay in filing of this appeal. For the sake of clarity, the relevant contents of application are reproduced hereinbelow: - “1. That the appellant-assessee received through ... limitation stood extended. We, therefore, respectfully following the judgment of the Hon'ble Supreme Court Civil Writ Petition No. 3 of 2020, hereby condone the delay in filing the appeal and admit the same for hearing on merits. 5. The only effective ground is with regard to the confirmation