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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

Deepak Singhal, Hyderabad vs. ITO., Ward-4(1), Hyderabad

In the result, appeal of the Assessee allowed for statistical purposes

ITA 561/HYD/2025[2017-18]Status: DisposedITAT Hyderabad07 Oct 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.561/Hyd/2025 िनधा"रण वष"/Assessment Year 2017-2018 Deepak Singhal, The Income Tax Officer, Hyderabad – 500 027. Ward-4(1), Vs. Telangana. Hyderabad. Pan Avvps0498L Telangana. (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Smt. S. Sandhya, Advocate राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 07.10.2025 घोषणा की तारीख/Pronouncement: 07.10.2025 आदेश/Order Per Vijay Pal Rao: This Appeal By The Assessee Is Directed Against The Order Dated 02.02.2024 Of The Learned Cit(A)-National Faceless Appeal Centre [In Short “Nfac], Delhi, For The Assessment Year 2017-2018. 2

For Appellant: Smt. S. Sandhya, AdvocateFor Respondent: : Dr. Sachin Kumar, Sr. AR
Section 144

outset, there is a delay of 332 days in filing the present appeal before the Tribunal. The assessee has filed petition for condonation of delay, which is also supported by the affidavit of the assessee. Learned Authorised Representation of the Assessee Smt. S. Sandhya, Advocate, has submitted that the assessee ... learned CIT(A) as clearly available in Form-35 filed before the learned CIT(A). However, the learned CIT(A) has declined to condone the delay of 54 days in filing the appeal before him and dismissed the appeal of 4 ITA.No.561/Hyd./2025 the assessee in limine. Thus

Pranab Kanya Sangha, North Twnety Four Parganas vs. CIT (Exemption), Kolkata

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

ITA 704/KOL/2025[2025-26]Status: DisposedITAT Kolkata07 Oct 2025AY 2025-26

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2025-26 Pranab Kanya Sangha………….……………………….……….……….……Appellant Barasat-I, Hridaypur, West Bengal-700127.. [Pan: Aaatp4743M] Vs. Cit(Exemption), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Ashok Mukherjee, Ar, Appeared On Behalf Of The Appellant. Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 17, 2025 Date Of Pronouncing The Order : October 07, 2025 Order Per Pradip Kumar Choubey: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.08.2024 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(E)’] Rejecting The Application Filed In Form 10Ab For Final Approval As Per The Provisions Of Section 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 12ASection 80GSection 80G(5)Section 80G(5)(iii)Section 80G(5)(iv)

filed in Form 10AB for final approval was beyond the prescribed limit of the CBDT Circular and the CIT has no power to condone the delay in filing application in Form 10AB. 3. Being aggrieved and dissatisfied, the assessee is in appeal before us. The ld. AR challenges the very ... approval has been granted on 09.03.2023 (d) the assessee has filed application for regular approval u/s 80G on 05.12.2024 in Form No.10AB with condonation of delay and reasons for such delay are identical as filed u/s 12A but the same has been rejected by the ld. CIT(E). 5.1 Having

Jain Sanghatana Foundation-Jamnagar, Jamnagar vs. The Principal Commissioner of Income Tax (Exemption), Ahmedabad

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

ITA 359/RJT/2025[2025-26]Status: DisposedITAT Rajkot03 Oct 2025AY 2025-26

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 359/Rjt/2025 ("नधा"रणवष" / Assessment Year: (2025-26) Jain Sanghatana Foundation -Jamnagar, Cit (Exemption), Ahmedabad Vs. 15 Sidhbath Complex, K V Road, Aayakar Bhawan, Anandnagar- Jamnagar - 361001 Prahladnagar Road, Ahmedabad - 380015 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aajaj8198C (Appellant) (Respondent) Appellant By : Shri Sagar Shah, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Sr. (Dr) Date Of Hearing : 07/07/2025 Date Of Pronouncement : 03/10/2025

For Appellant: Shri Sagar Shah, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. Sr. (DR)
Section 6Section 80GSection 80G(5)(iii)

outset, that the appeal filed late by 90 days. The Ld. AR of the assessee has filed an application for condonation of delay, supported by Affidavit. The crux of the application for delay is as under; “1. We, Jain Sanghatana Foundation, are registered in affiliation body with the Bharatiya Jain ... assessee. After considering the reason explained by the Ld. AR. In the interest of justice, we take a judicious view and condoned the delay in filing appeal by 421 days. 7. Brief facts of the case that the Appellant is an AOP which has been engaged in the Charitable Activities

Sri Bhuvaneswari Nilayam, Tirumala vs. Income Tax Officer, Ward-1(1), Guntur

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

ITA 519/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam03 Oct 2025AY 2020-21

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.519/Viz/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Sri Bhuvaneswari Nilayam Vs. Income Tax Officer Tirumala Ward 1(1) Pan:Aawts0401P Guntur (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Uday & Gopi, Ca राज" व "ारा/Revenue By:: Dr. Aparna Villuri, Sr-Dr सुनवाई की तारीख/Date Of Hearing: 22/09/2025 घोषणा की तारीख/Pronouncement: 03/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Sri Bhuvaneswari Nilayam (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Addl/Jcit(A)-2,Ahmedabad (“Ld. First Appellate Authority”) Dated 15/02/2024 For The A.Y 2020-21. 2. At The Outset, It Is Noted That There Is A Delay Of 242 Days In Filing The Present Appeal Before This Tribunal. The Assessee Has Filed A Condonation Petition Accompanied By An Affidavit Explaining The Reasons For Such Delay. In This Regard, The Learned

For Appellant: Shri Uday & Gopi, CAFor Respondent: : Dr. Aparna Villuri, SR-DR
Section 11Section 143(1)

application filed by an appellant seeking condonation of the delay in filing of the appeal. Accordingly, taking a judicial and liberal approach, we condone the delay of 242 days in filing the appeal and admit the same for adjudication on merits. 5. The assessee has raised the following grounds ... this Tribunal. Initially, this Tribunal, vide its order dated 20.02.2025, had dismissed the appeal of the assessee for want affidavit in support of condonation of delay. Later on vide Miscellaneous Application No.15/Viz/2025, this Tribunal recalled its order on 08.08.2025. During the proceedings before us, the Authorised Representative (“Ld. AR”) submitted