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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

Aashro Seva Foundation, Vadodara vs. CIT (Exemption), Ahmedabad

ITA 512/AHD/2025[Not Applicable]Status: DisposedITAT Ahmedabad15 Oct 2025

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.512/Ahd/2025 िनधा"रण वष" /Assessment Year : Not Applicable Aashro Seva Foundation The Cit (Exemtpion) बनाम/ B-315 Shreeji Flats Ahmedabad – 380 015 V/S. Vadsar Road Vadsar Vadodara – 390 010 (Gujarat) "थायी लेखा सं./Pan: Aaita 1508 M (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Sarju Mehta, A.R. Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 04/08/2025 घोषणा की तारीख /Date Of Pronouncement: 15/10/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee-Trust Against The Order Of The Learned Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As ‘Cit(E)’] Dated 05/03/2023. 2. The Assessee, In This Appeal, Is Aggrieved By The Action Of The Ld.Cit(E) In Rejecting The Application Of The Assessee For Final Registration U/S 12Ab Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). Aashro Seva Foundation Vs. Cit (Exemption)

For Appellant: Shri Sarju Mehta, A.RFor Respondent: Shri Rignesh Das, CIT-DR
Section 12A

Aashro Seva Foundation vs. CIT (Exemption) 2 3. The appeal of the assessee is time-barred by 645 days. A separate application for condonation of delay has been filed. 4. We have heard the rival contentions of the Ld.Representatives of the parties and gone through the record. 5. The brief ... aware of the aforesaid issuance of notices and final order passed by the Ld.CIT(E). It has been explained in the application for condonation of delay that the email sent by the Ld.CIT(E) did not come to the notice of the key-person of the assessee- trust and, therefore

Seva Bharathi, Hyderabad vs. CIT., Exemption Ward 1(4), Hyderabad

In the result, ITA.No.1307/Hyd

ITA 365/HYD/2025[2022-23]Status: DisposedITAT Hyderabad15 Oct 2025AY 2022-23

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.365 & 1307/Hyd/2025 िनधा"रण वष"/Assessment Year 2022-2023 Seva Bharathi, The Commissioner Of Hyderabad – 500 018. Income Tax Vs. Telangana. (Exemptions), Ward-1(4), Pan Aayts5233K Hyderabad – 500 004. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Sri Harsha राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 08.10.2025 घोषणा की तारीख/Pronouncement: 15.10.2025 आदेश/Order Per Vijay Pal Rao:

For Appellant: CA Sri HarshaFor Respondent: : Dr. Sachin Kumar, Sr. AR
Section 11Section 11(2)Section 119(2)(b)Section 12ASection 143(1)Section 250

passed u/sec.119(2)(b) of the Income Tax Act, 2 ITA.No.365 & 1307/Hyd./2025 1961 [in short "the Act"] whereby the application for condonation of delay in filing Form-10B was rejected for the assessment year 2022-2023. The other appeal i.e., ITA.No. 1307/Hyd/2025 by the Assessee is directed against ... 1307/Hyd./2025 learned CIT(A). However, the learned CIT(A) has dismissed the appeal of the assessee on the ground that application for condonation of delay in filing Form-10B before the Pr. CIT was also rejected by the concerned Pr. CIT u/sec.119(2)(b) of the Act. 4. Before

Seva Bharathi, Hyderabad vs. ITO., Exemption Ward 1(4), Hyderabad

In the result, ITA.No.1307/Hyd

ITA 1307/HYD/2025[2022-23]Status: DisposedITAT Hyderabad15 Oct 2025AY 2022-23

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.365 & 1307/Hyd/2025 िनधा"रण वष"/Assessment Year 2022-2023 Seva Bharathi, The Commissioner Of Hyderabad – 500 018. Income Tax Vs. Telangana. (Exemptions), Ward-1(4), Pan Aayts5233K Hyderabad – 500 004. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Sri Harsha राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 08.10.2025 घोषणा की तारीख/Pronouncement: 15.10.2025 आदेश/Order Per Vijay Pal Rao:

For Appellant: CA Sri HarshaFor Respondent: : Dr. Sachin Kumar, Sr. AR
Section 11Section 11(2)Section 119(2)(b)Section 12ASection 143(1)Section 250

passed u/sec.119(2)(b) of the Income Tax Act, 2 ITA.No.365 & 1307/Hyd./2025 1961 [in short "the Act"] whereby the application for condonation of delay in filing Form-10B was rejected for the assessment year 2022-2023. The other appeal i.e., ITA.No. 1307/Hyd/2025 by the Assessee is directed against ... 1307/Hyd./2025 learned CIT(A). However, the learned CIT(A) has dismissed the appeal of the assessee on the ground that application for condonation of delay in filing Form-10B before the Pr. CIT was also rejected by the concerned Pr. CIT u/sec.119(2)(b) of the Act. 4. Before