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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

Sree Anantalakshmi Textiles Pvt Ltd, Guntur vs. Income Tax Officer, TDS Ward-1, Eluru

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

ITA 402/VIZ/2025[2020-21]Status: DisposedITAT Visakhapatnam08 Oct 2025AY 2020-21

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A.No.402/Viz/2025 (निर्धारणवर्ा/ Assessment Year: 2020-21) Sree Anantalakshmi Textiles (P) Ltd., Vs. Income Tax Officer – Tds Ward-1 C/O. Nsl Textiles Limited Income Tax Office, Kks Towers Engee House, 3Rd Floor, 4Th Line R.R. Pet, Eluru – 534002 Chadramouli Nagar, Guntur – 522007 Andhra Pradesh Andhra Pradesh [Pan:Aadcs1442E] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate : Dr. Aparna Villuri,Sr.Ar राजस्व का प्रतततितित्व/ Department Represented By सुिवाई समाप्त होिे की ततति/ Date Of Conclusion Of Hearing : 25.09.2025 घोर्णध की तधरीख/Date Of Pronouncement : 08.10.2025

Section 201(1)Section 40

appeal, the Ld. Authorised Representative [hereinafter “Ld.AR”] drew our attention to the affidavit filed by the assessee along with a petition seeking for condonation of delay and read out the contents of the petition which is as under: - “1. The order of the learned Commissioner of Income Tax (Appeals ... beyond the control of the appellant. The delay is neither intentional nor deliberate. Therefore, the appellant prays the hon'ble ITAT to kindly condone the delay in filing the appeal and pass appropriate orders in the interest of rendering substantial justice.” 3. On perusal of the contents of the affidavit

Spiritual Life Trust, Chandigarh vs. DCIT/ACIT Cir 1(1) Chandigarh, Chandigarh

In the result, both the appeals are allowed for statistical purposes

ITA 909/CHANDI/2025[2023-24]Status: DisposedITAT Chandigarh08 Oct 2025AY 2023-24

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 908 & 909/Chd/2025 "नधा"रण वष" / Assessment Year: 2023-24 Spiritual Life Trust, Vs The Dcit/Acit, 1332, Sector 18-C, Circle 1(1), Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Aayts9358P अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Parikshit Aggarwal, Ca Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 07.10.2025 Date Of Pronouncement : 08.10.2025 Virtual Hearing O R D E R Per Rajpal Yadav, Vp

For Appellant: Shri Parikshit Aggarwal, CAFor Respondent: Smt. Kusum Bansal, CIT DR
Section 12ASection 80G(5)

909/CHD/2025 A.Y.2023-24 2 2. The Registry has pointed out that appeals are time barred by 136 days. The assessee has filed applications for condonation of delay. In the application, it has been submitted that Trustees were occupied with various preparatory arrangements of an event scheduled outside India and therefore, they ... could be inferred that Trustees might have failed to take note of the proceedings before ld. CIT (E) well in time. Hence, we condone the delay in filing the appeals. 4. A perusal of the record would indicate that assessee has applied for registration as a Charitable Institution. Though

Spiritual Life Trust, Chandigarh vs. DCIT/ACIT Cir 1(1) Chandigarh, Chandigarh

In the result, both the appeals are allowed for statistical purposes

ITA 908/CHANDI/2025[2023-24]Status: DisposedITAT Chandigarh08 Oct 2025AY 2023-24

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 908 & 909/Chd/2025 "नधा"रण वष" / Assessment Year: 2023-24 Spiritual Life Trust, Vs The Dcit/Acit, 1332, Sector 18-C, Circle 1(1), Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Aayts9358P अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Parikshit Aggarwal, Ca Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 07.10.2025 Date Of Pronouncement : 08.10.2025 Virtual Hearing O R D E R Per Rajpal Yadav, Vp

For Appellant: Shri Parikshit Aggarwal, CAFor Respondent: Smt. Kusum Bansal, CIT DR
Section 12ASection 80G(5)

909/CHD/2025 A.Y.2023-24 2 2. The Registry has pointed out that appeals are time barred by 136 days. The assessee has filed applications for condonation of delay. In the application, it has been submitted that Trustees were occupied with various preparatory arrangements of an event scheduled outside India and therefore, they ... could be inferred that Trustees might have failed to take note of the proceedings before ld. CIT (E) well in time. Hence, we condone the delay in filing the appeals. 4. A perusal of the record would indicate that assessee has applied for registration as a Charitable Institution. Though

Paramjeet Singh, Yamuna Nagar vs. DCIT/ACIT, Central Circle (2), Chandigarh, DCIT/ACIT(Cen)-2

Appeal stands dismissed

ITA 204/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh08 Oct 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 204/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2018-19) Shri Paramjeet Singh Dcit-Central Circle-2 बनाम/ (C/O Rajiv Goel & Associates) Sector-17 Sco No 823-24, Sector 22-A Chandigarh-160017 Vs. Chandigarh-160022 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Astps-8898-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Dhruv Goel(Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) -Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 18-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 08/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals)- 3, Gurgaon [Cit(A)] Dated 26-09-2022 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 153A Of The Act On 23-06-2021. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Rs.82.18 Lacs. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Dhruv Goel(CA) – Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) -Ld. AR
Section 132Section 153ASection 153D

fide trust placed on legal counsel and not due to willful default on the part of the assessee. The Ld. CIT-DR opposed condonation of delay. However, after considering the averments made in condonation petition and keeping in mind the guiding principles laid down by Hon’ble Apex Court ... case of Collector, Land Acquisition vs. Mst. Katiji & Ors. (1987; (2) TMI 61 SC), we condone the delay and proceed for disposal of the appeal on merits. 3. The assessee belongs to Majha group of cases. The assessee- group having nine entities was subjected to search action by the department

Veeraballi Naga Basi Reddy, Kadapa vs. ITO., Ward - 1, Kadapa

In the result the appeal of the assessee is allowed

ITA 451/HYD/2025[2017-18]Status: HeardITAT Hyderabad08 Oct 2025AY 2017-18

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.451/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Veeraballi Naga Basi Reddy, Income Tax Officer, Vs. Ward 1, Kadapa. Kadapa. Pan: Aszpr1589G (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A. Sai Prasad, C.A. रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 06/10/2025 घोर्णध की तधरीख/Pronouncement: 08/10/2025 आदेश/Order This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 31.12.2024

For Appellant: Shri K.A. Sai Prasad, C.AFor Respondent: Dr. Sachin Kumar, DR
Section 139Section 142(1)Section 144

appeal before the Ld. CIT(A) with a delay of 832 days. The Ld. CIT(A), NFAC, Delhi vide the impugned order without condoning the delay dismissed the appeal of the assessee in limine. 4. Being aggrieved by the order of Ld. CIT(A), the assessee is in appeal before ... find that there is a delay of 15 days in filing the appeal before the Tribunal. The assessee filed condonation petition seeking condonation of delay on the ground that the delay has occurred on account of Ld. AR being out of station during the ITA No.451/Hyd/2025 4 period of delay

Srinivasarao Kolasani, Hyderabad vs. ITO., Ward-9(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 433/HYD/2025[2017-18]Status: HeardITAT Hyderabad08 Oct 2025AY 2017-18

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.433/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Srinivasa Rao Kolasani, Income Tax Officer, Vs. Hyderabad. Ward 9(1), Pan: Ahwpk6333P Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Snsr Chinmai, Adv. रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 06/10/2025 घोर्णध की तधरीख/Pronouncement: 08/10/2025 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 26.10.2023 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 15.02.2019 Declaring Total Income Of Rs.4,76,020/-. The Assessing Officer Completed The Assessment Vide Order Dated 21.12.2019 Passed U/S.143(3) Of The Income Tax Act, 1961 (“The

For Appellant: SNSR Chinmai, AdvFor Respondent: Dr. Sachin Kumar, DR
Section 143(3)Section 250(6)

find that there is a delay of 436 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 undergoing physiotherapy, treatment for Cervical Traction ... along with Affidavit. In the absence of any evidence to the contrary, having regard to the averments made in the Affidavit seeking the condonation of delay is a fit case to condone the delay of 436 days. Accordingly, I condone the delay of 436 days in filing the appeal before