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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

Indian Medical Association Pune Branch, Shukrawar Peth vs. DCIT Exemption Circle, Pune, Swargate

In the result, the appeal filed by the assessee being ITA

ITA 764/PUN/2025[2018-19]Status: DisposedITAT Pune30 Sept 2025AY 2018-19

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.764/Pun/2025 निर्धारण वषा / Assessment Year: 2018-19 Indian Medical Association V Dcit, Pune Branch, S Exemption Circle, Pune. 992, Dr.Nitu Mandke, Ima House, Tilak Road, Pune – 411002. Pan: Aaati2653M Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil S. Pathak Revenue By Shri Ramnath P Murkunde-Addl.Cit Date Of Hearing 16/09/2025 Date Of Pronouncement 30/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 28.02.2025 Emanating From The Assessment Order Passed Under Section 143(3) Of The Act, Dated 22.05.2021 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal :

Section 11Section 12ASection 139(4)Section 143(1)Section 143(3)Section 250

A.Y.2018-19. The Assessee has raised the following grounds of appeal : ITA No.764/PUN/2025 [A] “1] The learned CIT(A) erred in not condoning the delay of 567 days in filing the appeal and thereby erred in dismissing the appeal of the assessee. 2] The learned CIT(A) erred in holding that ... before the ld.CIT(A) with a delay of 567 days. Ld.AR submitted that before the ld.CIT(A), Assessee had made elaborate submissions regarding condonation of delay. In the petition for condonation of delay, Assessee had specifically submitted that on identical grounds, disallowance had been made u/s.143

Jas Equipments & Engineers Pvt. Ltd., Durgapur vs. D.C.I.T., Circle - 2, Durgapur

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

ITA 520/KOL/2025[2012-2013]Status: DisposedITAT Kolkata30 Sept 2025AY 2012-2013

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. Nos. 519 & 520/Kol/2025 Assessment Year: 2012-2013 Jas Equipments & Engineers Pvt. Limited,…Appellant S-12, Durgapur Industrial Estate, J.P. Avenue, Durgapur-713212, W.B. [Pan:Aabcj9126E] -Vs.- Deputy Commissioner Of Income Tax,..…….Respondent Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee Ms. Ruchika Sharma, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 06, 2025 Date Of Pronouncing The Order: September 30, 2025 O R D E R

Section 143(3)Section 147

assessee before the Tribunal. However, The Director of the assessee-company filed a condonation petition before the ITAT in support of condonation of delay of 1016 days mentioning that due to sudden unfortunate death of her husband, she was entrusted with the huge responsibility of handling the company’s matters ... appeal, due to that there was a delay of 1016 days in filing the appeals before the Tribunal. Therefore, she pleaded to condone the delay in both the appeals. 3. Considering the facts and circumstances of the case, we are of the view that the assessee was prevented in filing

Jas Equipments & Engineers Pvt. Ltd., Durgapur vs. D.C.I.T., Circle - 2, Durgapur

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

ITA 519/KOL/2025[2012-2013]Status: DisposedITAT Kolkata30 Sept 2025AY 2012-2013

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. Nos. 519 & 520/Kol/2025 Assessment Year: 2012-2013 Jas Equipments & Engineers Pvt. Limited,…Appellant S-12, Durgapur Industrial Estate, J.P. Avenue, Durgapur-713212, W.B. [Pan:Aabcj9126E] -Vs.- Deputy Commissioner Of Income Tax,..…….Respondent Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee Ms. Ruchika Sharma, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 06, 2025 Date Of Pronouncing The Order: September 30, 2025 O R D E R

Section 143(3)Section 147

assessee before the Tribunal. However, The Director of the assessee-company filed a condonation petition before the ITAT in support of condonation of delay of 1016 days mentioning that due to sudden unfortunate death of her husband, she was entrusted with the huge responsibility of handling the company’s matters ... appeal, due to that there was a delay of 1016 days in filing the appeals before the Tribunal. Therefore, she pleaded to condone the delay in both the appeals. 3. Considering the facts and circumstances of the case, we are of the view that the assessee was prevented in filing