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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

Ramalingaiah Karnati, Nalgonda vs. ITO Ward-1, Nalgonda

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

ITA 258/HYD/2025[2017-18]Status: DisposedITAT Hyderabad09 Oct 2025AY 2017-18

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.258/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Ramalingaiah Karnati, Income Tax Officer, Vs. Ward-1, Nalgonda. Nalgonda. Pan: Asypk1824C (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Mohd. Afzal, Advocate रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 06/10/2025 घोर्णध की तधरीख/Pronouncement: 09/10/2025 आदेश/Order This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 16.12.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Deriving Income From The Business. The Return Of Income For The Asst. Year 2017-18 Was Filed On 15.12.2018 Disclosing Income Of Rs.4,13,570/-. Against The Said Return Of Income, The Assessment Was Completed By Ito Vide Order Dated 18.12.2019 Passed Order U/S. 143(3) Of The Act At A Total Income Of Rs.22,27,070/-. While

For Appellant: Shri Mohd. Afzal, AdvocateFor Respondent: Dr. Sachin Kumar, DR
Section 133(6)Section 143(3)

No.258/Hyd/2025 3 explanation. Having regard, the explanation offered for the delay, I am of the opinion that it is a fit case for condonation of delay, the delay in filing of the appeal is condoned and appeal is admitted for adjudication on merits. 5. The only issue that arises

Anandarao Kota, Hyderabad vs. ITO., Ward-9(1), Hyderabad

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

ITA 238/HYD/2025[2015-16]Status: DisposedITAT Hyderabad09 Oct 2025AY 2015-16

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.238/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2015-16) Shri Anandarao Kota, Income Tax Officer, Vs. Hyderabad. Ward 9(1), Pan: Cvopk0669Q Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None. रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 06/10/2025 घोर्णध की तधरीख/Pronouncement: 09/10/2025 आदेश/Order This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 27.07.2024 For Assessment Year (Ay) 2015-16. 2. Brief Facts Of The Case Are That The Assessee Is That The Assessee Is An Individual, No Regular Return Of Income U/S.139 Of The Income Tax Act, 1961 ("The Act") Was Filed For The A.Y. 2015-16. The Assessing Officer Based On The Information That The Assessee Made Cash Deposits Of Rs.1,03,97,300/- In The Savings Bank Account Formed Opinion That The Income Had Escaped Assessment

For Appellant: NoneFor Respondent: Dr. Sachin Kumar, DR
Section 139Section 142(1)Section 147Section 148Section 282(1)

find that there is a delay of 140 days in filing of this appeal before the Tribunal. The assessee filed an Affidavit seeking condonation of delay on the ground that the C.A. who is looking after the tax matter had not brought to the notice of assessee, the order passed ... petition, in the absence of any evidence to the contrary, I am of the considered opinion that it is a fit case to condone the delay of 140 days, therefore delay is condoned and admit the appeal for adjudication on merits. 6. On perusal of written submissions of the assessee

DCIT, Ltu, Circle- 1 & 2, New Delhi vs. Indian Yamaha Motor Pvt. Ltd., New Delhi

In the result, appeal of the Revenue is dismissed at the behest of the assessee to settle the issue under VSVS

ITA 6039/DEL/2018[2013-14]Status: DisposedITAT Delhi09 Oct 2025AY 2013-14

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekdcit, Ltu, Circle 1 & 2, Vs. India Yamaha Motor Pvt. Ltd., 1St Floor, Great Eastern Centre, New Delhi. 70, Nehru Place, Ifci Tower, New Delhi – 110 019. (Pan : Aabci7552F) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Revenue By : Shri Dharm Veer Singh, Cit Dr Date Of Hearing : 09.10.2025 Date Of Order : 09.10.2025 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals),-44, New Delhi [For Short ‘Ld. Cit (A)] Dated 29.06.2018 For Assessment Year 2013-14. 2. At The Time Of Hearing, Ld. Ar For The Assessee Submitted That Since The Assessee Has Settled The Issue Under Vivad Se Vishwas Scheme, 2024 (In Short ‘Vsvs’), Hence, The Appeal Filed By The Revenue Has Become Infructuous & Deserves To Be Dismissed As Infructuous. In This Regard

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Dharm Veer Singh, CIT DR

appeals in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [Revenue