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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

Subha Hariharan, Mumbai vs. Income Tax Officer 35(3)(4), Mumbai

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

ITA 1154/MUM/2025[2011-12]Status: DisposedITAT Mumbai13 Oct 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2011-12 Subha Hariharan Income Tax Officer, Plot No. 4 B 503/504, Ward 35(3)(4), Dosti Elite Tower -B Mumbai Vs. Next To Sion Telephone Exchange Sion (W), Mumbai – 400022 (Pan: Acmph5705R) (Assessee) (Respondent) Present For: Assessee : Mr. Ruturaj Gurjar, Advocate Revenue : Mr. Virabhadra S. Mahajan, Sr. Dr (Virtually Appeared) Date Of Hearing : 30.09.2025 Date Of Pronouncement : 13.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2024-25/1071531320(1), Dated 24.12.2024 Passed Against The Assessment Order By Income-Tax Officer, Ward – 35(3)(4), Mumbai, U/S. 144 R.W.S.147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 27.12.2018 For Assessment Year 2011-12. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Ld. Cit (A) Has Erred In Passing The Order Dated 24/12/2024 Without Giving Reasonable Opportunity To The Petitioner To Represent Its Case.

For Appellant: Mr. Ruturaj Gurjar, AdvocateFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 144Section 249(2)Section 249(3)

grounds: the Ld. CIT (A) has also erred in not appreciating the fact that the Appellant had filed a letter stating Grounds for condonation of Delay: the Ld. CIT(A) ought to have given reasonable opportunity to the explain petitioner's case. 4. Each of the above ground be considered ... ground nos. 1 to 3 are in respect of dismissal of the first appeal ignoring the submissions made by the assessee for condonation of delay in filing the appeal before the ld. CIT(A) and not giving reasonable opportunity to present the case. 4. From the perusal of the order

Gunjan Rungta, Kushinagar vs. Income Tax Officer, Ward - 2(4), Kushinagar

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

ITA 50/VNS/2022[2012-2013]Status: DisposedITAT Varanasi10 Oct 2025AY 2012-2013

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Gunjan Rungta V. The Income Tax Officer Onkar Vatika Colony Ward 2(4) Padrauna, Kushinagar (U.P) Kushinagar Tan/Pan:Agmpr5334G (Appellant) (Respondent) Appellant By: Shri Ashish Bansal, Advocate Respondent By: Smt Amandeep Kaur, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 15.06.2022, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That During The Year Under Consideration The Assessee Had Purchased An Immovable Property For A Consideration Of Rs.30,50,000/-. To Examine This Transaction, The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148 Of The Act. However, There Was No Response From The Side Of The Assessee To The Notice Under Section 148 Of The Act. Thereafter, The

For Appellant: Shri Ashish Bansal, AdvocateFor Respondent: Smt Amandeep Kaur, D.R
Section 147Section 148Section 69

days in filing the appeal before the Tribunal. He further submitted that the assessee had filed an application dated Nil for condonation of delay, stating therein that during the relevant period when the ITA No.50/VNS/2022 Page 6 of 8 order was passed by the NFAC, father ... delay being condoned. 5.0 In view of the prayer made by the Ld. A.R. and no objection by the Ld. Sr. D.R., I condone the delay in filing of the appeal and admit the appeal for hearing. 6.0 During the course of hearing before us, the Ld. Authorized Representative