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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

Haryana Building and Other Construction Workers Welfare Board, Panchkula vs. DCIT, Exemption, Chandigarh

In the result, this appeal of the Assessee stands dismissed

ITA 337/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh10 Oct 2025AY 2016-17

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 237/Chd/2020 निर्धारण वर्ष / Assessment Year : 2014-15 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29- 30, Sector 4, Panchkula, Haryana The Dcit, बनाम Circle 2, Vs. Exemption, Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ Ita Nos.337 To 339/Chd/2023 निर्धारण वर्ष / Assessment Years : 2016-17, 2017-18 & 2018-19 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29- 30, Sector 4, Panchkula, Haryana The Dcit बनाम Exemption, Vs. Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent आयकर अपील सं./ Ita No. 63/Chd/2021 निर्धारण वर्ष / Assessment Year : 2015-16 Haryana Building & Other Construction Workers Welfare Board, Bays No. 29-30, Sector 4, Panchkula, Haryana The Dcit बनाम Exemptions, Vs. Chandigarh स्थायी लेखा सं./ Pan No: Aaath6995H अपीलार्थी/Appellant प्रत्यर्थी/Respondent ( Physical Hearing ) निर्धारिती की ओर से/Assessee By : Sh. Nikhil Goyal, Advocate, Sh. Ashok Goyal, Ca & Sh. Sifatfreet Singh, Ca राजस्व की ओर से/ Revenue By : Sh. Manav Bansal, Cit Dr सुनवाई की तारीख/Date Of Hearing 08.12.2025 उदघोषणा की तारीख/Date Of Pronouncement 10.12.2025 आदेश/Order Per Bench: The Captioned Appeals Preferred By The Assessee Are Directed Against The Separate Orders Of The Ld. Commissioner Of Income- Tax (Appeals) For Different Assessment Years, As Per The Details Given Below: S.No.

For Appellant: Sh. Nikhil Goyal, AdvocateFor Respondent: Sh. Manav Bansal, CIT DR
Section 263

339/Chd/2023 are filed belatedly by one day in each case. The Ld. Counsel for the assessee has submitted an application praying for condonation of delay giving identical reasons in each case which is reproduced as under: May 28, 2023 To The Assistant Registrar, Hon'ble Income Tax Appellate Tribunal, Chandigarh ... Bench, Chandigarh. Sub: Request for condonation of delay (Delay of one day) in filing the Appeal No. ITA/337/CHANDI/2023, Assessment Year 2016-17, Haryana Building and Other Construction Workers Welfare Board, Panchkula Vs. DCIT, Exemption, Chandigarh Madam, Most humbly the following prayer is made before this Hon'ble Bench with

Saadnakari Hazarathaiah, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 660/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.660/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Sadnakari Hazarathaiah, Income Tax Officer, Vs. Hyderabad. Ward-1, Pan: Adfph7103R Proddatur. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 29.11.2023

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

find that there is a delay of 440 days in filing the appeal before the Tribunal. The assessee filed condonation petition seeking condonation of delay on the ground that he was not aware of the order passed u/s. 250 of the Income Tax Act, 1961 ("the Act") by NFAC since ... settled position of law for the purpose of computing limitation period, I am of the considered opinion that there is reasonable cause to condone the delay of 440 days in filing of the appeal. Accordingly, the appeal is admitted for adjudication on merits. 6.1 The only issue that arises

Venkata Subba Reddy Karnati, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 637/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.637/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Venkata Subba Reddy Income Tax Officer, Vs. Karnati, Ward-1, Hyderabad. Proddatur. Pan:Ahjpv4271E (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 07.09.2023

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

find that there is a delay of 496 days in filing the appeal before the Tribunal. The assessee filed condonation petition seeking condonation of delay on the ground that he was not aware of the order passed u/s. 250 of the Income Tax Act, 1961 ("the Act") by NFAC since ... settled position of law for the purpose of computing limitation period, I am of the considered opinion that there is reasonable cause to condone the delay of 496 days in filing of the appeal. Accordingly, the appeal is admitted for adjudication on merits. ITA No.637/Hyd/2025 5 6.1 The only issue

Aare Venkata Ramanaiah, Hyderabad vs. ITO., Ward-1, Proddatur

In the result the appeal of the assessee is allowed

ITA 633/HYD/2025[2010-11]Status: DisposedITAT Hyderabad10 Oct 2025AY 2010-11

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.633/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2010-11) Shri Aare Venkata Ramanaiah, Income Tax Officer, Vs. Hyderabad. Ward-1, Pan: Aoopr0993M Proddatur. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri C. Maheshwar Reddy, C.A. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 08/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/Order Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 10.01.2024

For Appellant: Shri C. Maheshwar Reddy, C.AFor Respondent: Shri Kumar Aditya, DR
Section 145Section 147Section 250Section 68

find that there is a delay of 373 days in filing the appeal before the Tribunal. The assessee filed condonation petition seeking condonation of delay on the ground that he was not aware of the order passed u/s. 250 of the Income Tax Act, 1961 ("the Act") by NFAC since ... settled position of law for the purpose of computing limitation period, I am of the considered opinion that there is reasonable cause to condone the delay of 373 days in filing of the appeal. Accordingly, the appeal is admitted for adjudication on merits. 6.1 The only issue that arises

Srinivas Arra, Karimnagar vs. ITO., Ward-2, Karimnagar

In the result, the appeal of the assessee is allowed

ITA 1184/HYD/2025[2017-18]Status: DisposedITAT Hyderabad10 Oct 2025AY 2017-18

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.1184/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Srinivas Arra, Income Tax Officer, Vs. Ward-2, Karimnagar. Karimnagar. Pan: Aespa4907Q (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P. Vinod, Advocate. रधजस् व द्वधरध/Revenue By: Shri Kumar Aditya, Dr सुिवधई की तधरीख/Date Of Hearing: 07/10/2025 घोर्णध की तधरीख/Pronouncement: 10/10/2025 आदेश/O R D E R Per Inturi Rama Rao : This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 08.11.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Individual. The Return Of Income For The A.Y. 2017-18 Was Filed On 30.03.2018 Declaring Total Income Of Rs.4,80,730/-. The Assessing Officer Completed The Assessment Vide Order Dated 27.09.2021 Passed U/S.147 R.W.S. 144B Of The Income Tax Act, 1961 (“The

For Appellant: Shri P. Vinod, AdvocateFor Respondent: Shri Kumar Aditya, DR
Section 147Section 250(6)

find that there is a delay of 169 days in filing of the appeal before this Tribunal. The assessee filed an Affidavit seeking condonation of delay on the ground that the delay had occurred on account of the fact that the assessee was not aware of the impugned order ... absence of any evidence to the contrary, having ITA No.1184/Hyd/2025 3 regard to the averments made in the Affidavit seeking the condonation of delay is a fit case to condone the delay of 169 days. Accordingly, I condone the delay of 169 days in filing the appeal before the Tribunal

Salahuddin Mohammed, Secunderabad vs. ITO., Ward-11(1), Hyderabad

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

ITA 1047/HYD/2025[2013-14]Status: DisposedITAT Hyderabad10 Oct 2025AY 2013-14

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1047/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2013-14) Shri Salahuddin Mohd. Vs. Income Tax Officer Secunderabad Ward 11(1) Pan: Adgpm5833N Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Hemalatha K राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 07/10/2025 घोषणा की तारीख/Pronouncement: 10/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Salahuddin Mohammed, (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) (“Ld.Cit(A)”) Dated 10.08.2024 For The A.Y 2013-14. 2. At The Outset, It Is Seen That There Is A Delay Of 231 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Along With An Affidavit

For Appellant: CA Hemalatha KFor Respondent: : Dr. Sachin Kumar, Sr. DR
Section 234ASection 250Section 69A

that there is a delay of 231 days in filing the present appeal before the Tribunal. The assessee has filed a petition for condonation of delay along with an affidavit, Page 1 of 6 ITA No 1047 of 2025 Salahuddin Mohammed Secunderabad explaining the reasons for such delay. The Learned ... appeal be admitted for adjudication on merits. 3. Per contra, the Learned Departmental Representative (“Ld. DR”), on the other hand, objected to the condonation of delay, contending that the reason furnished by the assessee does not constitute a reasonable cause. 4. We have carefully considered the rival submissions and perused

Vijay Tiles & Cement Products, Hyderabad vs. ACIT., Circle-11(1), Hyderabad

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

ITA 1007/HYD/2025[2013-14]Status: DisposedITAT Hyderabad10 Oct 2025AY 2013-14

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1007/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2013-14) Vijay Tiles & Cement Vs. Assistant Cit Products, Hyderabad Circle 11(1) Pan: Aagfv3841A Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate A.V. Raghuram राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 08/10/2025 घोषणा की तारीख/Pronouncement: 10/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Vijay Tiles & Cement Products (“The Assessee”) Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 05/12/2024 For The A.Y 2013-14. 2. At The Outset, It Is Observed That There Is A Delay Of 98 Days In Filing Of The Appeal Before This Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Accompanied By An Affidavit Explaining The Reasons For Such Delay. In This Regard, The Learned Authorised Representative (“Ld. Ar”) Invited Our Attention To Para 4

For Appellant: Advocate A.V. RaghuramFor Respondent: : Dr. Sachin Kumar, Sr. DR
Section 143(3)Section 147

that there is a delay of 98 days in filing of the appeal before this Tribunal. The assessee has filed a petition for condonation of delay accompanied by an affidavit explaining the reasons for such delay. In this regard, the Learned Authorised Representative (“Ld. AR”) invited our attention to para ... condoned and the appeal be admitted for adjudication on merits. 3. Per contra, the Learned Departmental Representative (“Ld. DR”) objected to the condonation of delay and contended that the reason explained by the assessee is not sufficient to condone the delay. 4. We have considered the rival submissions and perused