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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

ITO, Ward-10(2), Kolkata vs. Alex Tradecom Private Limited, Kolkata

In the result, the appeal of the assessee is allowed

ITA 2197/KOL/2024[2013-14]Status: DisposedITAT Kolkata27 Oct 2025AY 2013-14

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2197 & 2198/Kol/2024 Assessment Years: 2013-14 & 2014-15 Ito, Ward-10(2), Kolkata…………..…………………………….…….……Appellant Vs. Alex Tradecom Pvt. Ltd…………..……………….………...……...…..…..Respondent 4, Ratan Sarkar Garden Street, Burrabazar, Kol- 700069. [Pan: Aajca6146P] Appearances By: Smt. Madhumita Das, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Appellant. Shri Akshay Ringasia, Ca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 15, 2025 Date Of Pronouncing The Order : October 27, 2025 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Revenue For The Assessment Years 2013-14 & 2014-15 Against Separate Orders Dated 05.08.2024 & 26.07.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. Both The Appeals Have Been Filed By The Revenue With Delays Of 38 Days. The Revenue Has Filed Separate Affidavits For Condonation Of The Delays. After Considering The Reasons Cited In The Affidavits For Condonation Of Delay, We Find That The Reasons Are Valid And

Section 148Section 148ASection 250

days. The revenue has filed separate affidavits for condonation of the delays. After considering the reasons cited in the affidavits for condonation of delay, we find that the reasons are valid and ITA Nos.2197 & 2198/Kol/2024 Alex Tradecom Pvt. Ltd consequently, the delays in filing both the appeals are hereby condoned

Shri Bhama Punja Bharai, Junagadh vs. The ACIT Central Circle 2, Rajkot

The appeal of the assessee is treated as allowed

ITA 590/RJT/2025[2021-22]Status: DisposedITAT Rajkot24 Oct 2025AY 2021-22

Bench: Dr. Arjun Lal Saini(Hybrid Hearing) Assessment Year: (2021-22) Bhama Punja Bharai Vs. Acit Circle-2, Rajkot Near Kuvav Talav, Grofed Road, Azad Aaykar Bhawan, Race Chowk S.O. Junagadh- 362710 Course Road, Rajkot-360001 Pan : Dvxpb 2168 H (Appellant) (Respondent) िनधा"रती क" ओर से/Assessee By : None राज"व क" ओर से/Revenue By : Adjournment Application सुनवाई क" तारीख /Date Of Hearing : 22/10/2025 घोषणा क" तारीख /Date Of Pronouncement : 24/10/2025 आदेश / O R D E R Per,Dr. A. L. Saini, Am: The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal), Ahmedabad/ National Faceless Appeal, Centre (Nfac), Delhi Dated [Hereinafter Referred To As “Cit(A)”] 24.01.2025 Arising In The Matter Of Assessment Order Passed U/S.144 R.W.S 143(3) Of The Income Tax Act, 1961 (Here-In-After Referred To As “The Act”) Relevant To The Assessment Year 2021-22. 2.When The Matter Was Called For Hearing, I Note That The Assessee, Submitted By Way Of Affidavit That The Appeal Has Been Filed By The Assessee Belatedly. I Have Gone Through The Affidavit Filed In This Regard Citing Reasons For Condonation Of Delay & I Note That Assessee Urged For A Benign View & Sought Condonation Of Delay Of 182 Days In Filing The Appeal Before The Tribunal. A Perusal Of The

For Appellant: NoneFor Respondent: Adjournment Application
Section 144

that the appeal has been filed by the assessee belatedly. I have gone through the affidavit filed in this regard citing reasons for condonation of delay, and I note that assessee urged for a benign view and sought condonation of delay of 182 days in filing the appeal before