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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

Bombay Tyres, Mumbai vs. Income Tax Officer -15(1)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 2393/MUM/2025[2017-18]Status: DisposedITAT Mumbai29 Oct 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Bombay Tyres Vs Income-Tax Officer, 23, Arenja Corner, -15(1)(1), Sector-17, Vashi, Mumbai Navi Mumbai – 400703 [Pan: Aagcb1604E] Appellant Respondent Present For: Assessee : Shri Tanzil Padvekar & Shri Gopal Sharma, Advocates Revenue : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 06.08.2025 Date Of Pronouncement : 29.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1057354062(1), Dated 26.10.2023 Passed Against The Assessment Order By National Faceless Assessment Centre, Delhi U/S.144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 28.06.2019 For Ay 2017-18. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. Considering The Facts & Circumstances Of The Case & In Law, The National Faceless Appeal Centre (Nfac) Has Erred In Confirming The Order U/S. 144 R.W.S. 144A Dated 28Th June, 2019 Passed By The Assessing Officer Without Appreciating The Merits Of The Case.

For Appellant: Shri Tanzil Padvekar and Shri Gopal Sharma, AdvocatesFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 144Section 250Section 44ASection 69A

delay of 460 days noted by the registry in filing the present appeal before the Tribunal for which an affidavit and petition for condonation of delay is placed on record. In the petition for condonation of delay, the explanation given by the assessee is that ld. CIT(A) had directed ... brought before him. According to him, the delay is neither intentional nor due to negligence. It is, thus prayed by the assessee to condone the delay and take up the matter for adjudication on merits. We have considered the submissions made by the assessee and have corroborated the same with

Sewa Sahakari Samiti Maryadit, Datia vs. ITO Ward 2(3)(3), Jhansi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 404/AGR/2025[2017-18]Status: DisposedITAT Agra28 Oct 2025AY 2017-18

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhsewa Sahakari Samiti Maryadit, Vs. Ito, Ward 2(3)(3), (Alias Prathmik Krishi Sakh Sahkari Jhansi. Samiti Maryadit Indergarh), Gram Indragarh Datia, Datia– 475 661 (Madhya Pradesh) . (Pan : Aawfs2482G) (Appellant) (Respondent) Assessee By : None Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 13.10.2025 Date Of Order : 28.10.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 25.11.2024 For The Assessment Year 2017-18. 2. None Appeared On Behalf Of The Assessee. We Are Proceeding To Adjudicate The Matter With The Assistance Of Ld. Dr Of The Revenue.

For Appellant: NoneFor Respondent: Shri Shailendra Srivastava, Sr. DR

associated with the society. It is submitted in the condonation application that the delay is neither intentional nor deliberate and accordingly requested to condone the delay and assessee has filed affidavit in support thereof. 4. On the other hand, ld. DR of the Revenue objected to the same and submitted ... that the delay is inordinate and should not be condoned. 5. Considered the submissions of the ld. DR and the application for condonation of delay. After going through the application for condonation of delay, we observe that there was a reasonable cause in filing the appeal belatedly and accordingly

Ld Sarvodaya Hospital Private Limited, Agra vs. ITO 2(1)(1), Agra

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 375/AGR/2025[2016-17]Status: DisposedITAT Agra28 Oct 2025AY 2016-17

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhld Sarvodaya Hospital Private Limited, Vs. Ito 2(1)(1), G – 11, Kamla Nagar, Agra. Agra – 282 005 (Uttar Pradesh). (Pan : Aaccl7961N) (Appellant) (Respondent) Assessee By : None Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 14.10.2025 Date Of Order : 28.10.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 14.10.2024 For The Assessment Year 2016-17. 2. None Appeared On Behalf Of The Assessee. We Are Proceeding To Decide The Appeal With The Assistance Of The Ld. Dr Of The Revenue. 3. At The Time Of Hearing, It Is Observed That There Is A Delay Of 208 Days In Filing The Appeal Before The Tribunal On The Ground That The Managing

For Appellant: NoneFor Respondent: Shri Shailendra Srivastava, Sr. DR
Section 144

prescribed time limit. It is also mentioned in the condonation application that the delay is neither intentional nor deliberate and accordingly requested to condone the delay. 4. On the other hand, ld. DR of the Revenue objected to the same and submitted that the delay should not be condoned ... Considered the rival submissions and the application for condonation of delay. After going through the application for condonation of delay, we observe that there was a reasonable cause in filing the appeal belatedly and accordingly, we are inclined to condone the delay. 6. Further at the time of hearing

Upendra Singh Gour, Rajghat Colony, Lalitpur vs. Commissioner of Income Tax(Appeal), Income Tax Department

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 353/AGR/2025[2015-16]Status: DisposedITAT Agra28 Oct 2025AY 2015-16

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhupendra Singh Gour, Vs. Ito, Ward 2(3)(4), A 4/26, Rajghat Colony, Lalitpur – 284 403 (Uttar Pradesh). (Pan : Bgjpg3206J) (Appellant) (Respondent) Assessee By : None Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 14.10.2025 Date Of Order : 28.10.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 24.07.2024 For The Assessment Year 2015-16. 2. None Appeared On Behalf Of The Assessee. We Are Proceeding To Decide The Appeal With The Assistance Of The Ld. Dr Of The Revenue. 3. At The Time Of Hearing, It Was Observed That There Was A Delay Of 113 Days In Filing The Appeal Before The Ld. Cit (A) & The Ld. Cit (A) Dismissed

For Appellant: NoneFor Respondent: Shri Shailendra Srivastava, Sr. DR

appeal of the assessee on the ground that there is no merit in the statement as mentioned in Form No.35 of appeal for condonation of delay. It is also observed from the letter on record that assessee was undergoing medical treatment because of serious illness for several months and assessee ... grounds of appeal that assessee has made a plea that ld. CIT (A) erred in law and on facts in refusing to condone the delay in filing the appeal without appreciating the reasonable cause for such delay as explained by the assessee. Further we observed that there is delay

Chelaram Balwani, Rathi Building Ke Pass vs. Commissioner of Income Tax (Appeals), Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 194/AGR/2025[2013-14]Status: DisposedITAT Agra28 Oct 2025AY 2013-14

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhshri Chelaram Balwani, Vs. Ito, Ward 1 (3), Rathi Building Ke Pass, Gwalior. Ward No.8, Ajay Pal Ki Gali, Datia, Gwalior – 475 661 (Madhya Pradesh). (Pan : Aynpb7221P) (Appellant) (Respondent) Assessee By : Shri Alok Dhingra, Advocate Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 14.10.2025 Date Of Order : 16.10.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 10.01.2024 For The Assessment Year 2013-14. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Brought To Our Notice That There Is A Delay Of 395 Days In Filing The Appeal Before The Tribunal On The Ground That The Order Was Communicated Via Portal & The Registered Mail Id I.E. 71Nkkhare@Gmail.Com On The Income Tax Portal Does Not Belong To The Assessee, It Might Have Been Of Erstwhile Consultant Who

For Appellant: Shri Alok Dhingra, AdvocateFor Respondent: Shri Shailendra Srivastava, Sr. DR
Section 147

assessee only after initiation of recovery proceedings. It is also submitted that the delay is neither intentional nor deliberate and accordingly requested to condone the delay. 3. On the other hand, ld. DR of the Revenue objected to the same and submitted that the delay should not be condoned ... Considered the rival submissions and the application for condonation of delay. After going through the application for condonation of delay, we observe that there was a reasonable cause in filing the appeal belatedly and accordingly, we are inclined to condone the delay. 5. At the outset, it was submitted