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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

Sumati G Gupta Securities Private Limited, Mumbai vs. Income Tax Officer - 13(2)(1), Mumbai

In the result, appeal filed by the Assessee stands allowed for statistical purposes in the above terms

ITA 4690/MUM/2025[2012-2013]Status: DisposedITAT Mumbai08 Oct 2025AY 2012-2013

Bench: Shri Narender Kumar Choudhryassessment Year: 2012-13 Sumati G Gupta Securities Income Tax Officer- Private Limited 13(2)(1) C/O – 2Nd Floor, Geeta Building, Vs. Aayakar Bhavan, Sion Circle, Sion East, Mumbai - 400021 Mumbai- 400022 Pan: Aaacb3475H (Appellant) (Respondent) Present For: Assessee By : Shri Margav Shukla & Shri Shubham Shah, Ld. Advocate Revenue By : Shri Sushil Bhagwat Shendge,Ld. Sr.D.R. Date Of Hearing : 08.10.2025 Date Of Pronouncement : 08.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 20.01.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012- 13. 2. At The Outset It Is Observed That There Is Delay 114 Days In Filing Of Instant Appeal. The Assessee By Filling Application For Condonation Of Delay, Along With Duly Sworn Affidavit, Has Demonstrated The Reason For The Delay To Effect That The Assessee Company Was Dissolved & Struck Off From The Register Of The Companies With Effect From 31.08.2016. However Subsequently The 2 Sumati G Gupta Securities Private Limited Case Of The Assessee Was Reopened U/S 147 Of The Act By Issuing A Notice Dated 28.03.2019 U/S 148 Of The Act, Which Resulted Into Passing The Assessment Order Dated 18.12.2019 U/S 144 R.W.S. 147 Of The Act & Making The Addition Of Rs.3,87,673 U/S 68 Of The Act Being Undisclosed Income.

For Appellant: Shri Margav Shukla &For Respondent: Shri Sushil Bhagwat Shendge,Ld. Sr.D.R
Section 144Section 147Section 148Section 250Section 271Section 68

outset it is observed that there is delay 114 days in filing of instant appeal. The assessee by filling application for condonation of delay, along with duly sworn affidavit, has demonstrated the reason for the delay to effect that the assessee company was dissolved and struck off from the Register ... thereafter the assessee immediately on 14.07.2025, filed the instant appeal, however with delay of 114 days and thus, the assessee is praying for Condonation of Delay. 3. The Id. DR though refuted the claim of the assessee but not the factual aspect mentioned above. 4. Considering the peculiar facts

Pellucid Securities Private Limited, Mumbai vs. ITO Ward 7(3)(1), Mumbai

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 4372/MUM/2025[2014-15]Status: DisposedITAT Mumbai08 Oct 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 M/S. Pellucid Securities Commissioner Of Income Private Limited, Tax Appeal, (Nfac) 301, Turf View, National Faceless Appeal 63, Dadarkar Compound, Centre – Ito Ward 7(3)(1), Vs. Tardeo, Ab-126J, Mumbai Aayakar Bhawan, Maharashtra - 400034 Churchgate, Pan: Aafcp1405L Mumbai Maharashtra – 400 020 (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya, Ld. A.R. Revenue By : Shri Sanjeev Bhagat, Ld. D.R. Date Of Hearing : 18.09.2025 Date Of Pronouncement : 08.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 08.10.2024, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. At The Outset, It Is Observed That There Is A Delay Of 183 Days In Filing This Appeal, As Pointed Out By The Registry, On Which The Assessee Has Claimed That Due To Non-Receipt Of The Impugned Order On Its Email Registered As Well As In Physical Form, The Delay Has Been Occurred, Which Was Neither Intentional Nor Malafide But Because Of The Aforesaid Reason.

For Appellant: Shri Vimal Punmiya, Ld. A.RFor Respondent: Shri Sanjeev Bhagat, Ld. D.R
Section 142(1)Section 147Section 148Section 250Section 68Section 69Section 69C

aforesaid reason. 2 M/s. Pellucid Securities Private Limited 3. On the contrary, Ld. DR. refuted the claim of the Assessee qua condonation of delay. 4. Considering the delay and reasons stated by the Assessee with duly sworn affidavit, though appears to be non- convincing and therefore is not condonable, however