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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

Sri Baidyanath Memorial Trust, Bhubaneswar vs. ITO Exemption Circle, Bbsr, Bhubaneswar

In the result, appeal of the assessee is dismissed

ITA 438/CTK/2025[2020-21]Status: DisposedITAT Cuttack26 Sept 2025AY 2020-21

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.438/Ctk/2025 (निर्धारण वर्ा / Assessment Year : 2020-2021) Sri Baidyanath Memorial Trust Vs Ito, Exemption Circle, Plot No. 23, Renu Nivas, Bhubaneswar Rasulgarh, Bhubaneswar, 751010 Pan No. : Aahts 6816 R (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri Bibekanada Mohanty, Ar रधजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 26/09/2025 घोषणा की तारीख/Date Of Pronouncement : 26/09/2025

For Appellant: Shri Bibekanada Mohanty, ARFor Respondent: Shri Vijay Singh, Sr. DR

year 2020- 2021. 2. It was submitted by the Ld. AR that the Ld.CIT(A) has dismissed the appeal of the assessee without condoning a delay of 822 days. It was a prayer that the delay in filing of the appeals before the Ld. CIT (A) may be condoned ... vehemently supported the order of the Ld.CIT(A). It was the submission that there is no reason given for the condonation of delay. 4. We have considered the rival submissions. A perusal of para 5 of the order of the Ld. CIT(A) and most specifically at page

Shree Shildha Vibhag Jungle Kamdar Sahakari Mandli Ltd, Valsad vs. Income Tax Officer, Ward 4, Valsad

In the result, appeal filed by the assessee is allowed for statistical purpose

ITA 461/SRT/2025[2012-13]Status: HeardITAT Surat26 Sept 2025AY 2012-13

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं./Ita No.461/Srt/2025 Assessment Year: 2012-13 (Hybrid Hearing) Shree Shildha Vibhag Jungle Income Tax Officer बनाम/ Kamdar Sahakari Mandli Ward-4, Valsad Vs. At & Post Nana Pondha, Kaprada Road, Valsad-396 065 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaaas 6185 R (अपीलाथ"/Appellant) (""थ"/Respondent) "नधा"रतीक"ओरसे/Appellant By Shri Rasesh Shah, Ca राज"वक"ओरसे /Respondent By Shri Abhishek Gautam, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing 23/09/2025 उ"घोषणा क" तार"ख/Date Of Pronouncement 26/09/2025

Section 144Section 250

appeal.” 3. In the instant case, appeal filed by the assessee is delayed by 360 days. The assessee has filed an affidavit for condonation of delay in filing of appeal before this Tribunal. The assessee submitted that during the filing of appeal before CIT(A), his consultant had clearly mentioned ... decided on merit. 4. On the other hand, Ld. Sr. DR for the Revenue opposed the prayer of the assessee for condonation of delay. He, however, stated that the Bench may decided the preliminary issue as it thinks fit. 5. We have heard both parties on this preliminary issue