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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

Global University Foundation, Hyderabad vs. ITO., Exemption Ward-1(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 240/HYD/2025[2021-22]Status: DisposedITAT Hyderabad26 Sept 2025AY 2021-22

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No. 240/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2021-22) Global University Foundation Vs. Income Tax Officer Hyderabad (Exemption) Ward-1 Pan:Aaicg0020F Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Suvibha Nolka राज" व "ारा/Revenue By:: Shri Sankar Pandi, P, Sr.Ar सुनवाई की तारीख/Date Of Hearing: 11/09/2025 घोषणा की तारीख/Pronouncement: 26/09/2025 आदेश/Order Per Vijay Pal Raothis Appeal By The Assessee Is Directed Against The Order Dated 14/07/2023 Of The Learned Cit (A)-Nfac Delhi, For The A.Y.2021-22. 2. There Is A Delay Of 506 Days In Filing The Present Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Which Is Supported By An Affidavit Of The Director Of The Assessee Foundation. The Learned Counsel For The Assessee Has Submitted That The Assessee Was Not Served With The Impugned Order Dated 14/07/2023 Passed By The Learned Cit (A) & Therefore, Due To The Non-Communication Of The Impugned Order, The Assessee

For Appellant: CA Suvibha NolkaFor Respondent: : Shri Sankar Pandi, P, Sr.AR
Section 11Section 143(1)

A.Y.2021-22. 2. There is a delay of 506 days in filing the present appeal. The assessee has filed a petition for condonation of delay which is supported by an affidavit of the Director of the assessee foundation. The learned Counsel for the assessee has submitted that the assessee ... reasonable cause for an inordinate delay of 506 days in filing the appeal. Thus, the learned DR has vehemently opposed to the condonation of delay. 4. We have considered the rival contentions as well as the relevant material available on record. The assessee has explained Page

Vishanthi Educational Trust, Chennai vs. ITO, Exemption Ward-4, Chennai

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

ITA 1956/CHNY/2025[2016-17]Status: DisposedITAT Chennai26 Sept 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri Ratnesh Nandan Sahayआयकर अपील सं./I.T.A. No.1956/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Vishanthi Educational Trust, Vs. The Income Tax Officer, New No. 32, Old No. 8, Manna Reddy Exemption Ward 4, Street, T. Nagar 600 017. Chennai. [Pan:Aaatv3798A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Ms. Sandhya Rani Kure, Jcit सुनवाई की तारीख/ Date Of Hearing : 17.09.2025 घोषणा की तारीख /Date Of Pronouncement : 26.09.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.06.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2016-17. 2. The Assessee Raised 9 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified Dismissing The Appeal Of The Assessee Without Condoning

For Appellant: Ms. N.V. Lakshmi, AdvocateFor Respondent: Ms. Sandhya Rani Kure, JCIT
Section 11(2)Section 143(3)

filed an appeal before the ld. CIT(A) with a delay of 35 days in filing the appeal. The assessee also sought for condonation of delay in Form 35. The ld. CIT(A) dismissed the appeal of the assessee stating that there is no sufficient cause for the delay ... stated by the assessee are bonafide, which really prevented in filing the appeal in time. Accordingly, we direct the ld. CIT(A) to condone the delay in filing the appeal and adjudicate the issue on merits in accordance with law. The assessee is at liberty to file explanations with documentary

Couppammal, Pondicherry vs. ITO, Ward-3, Puducherry

In the result, the appeal filed by the assessee is allowed

ITA 1939/CHNY/2025[2017-18]Status: DisposedITAT Chennai26 Sept 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Ratnesh Nandan Sahayआयकर अपील सं./I.T.A. No.1939/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Couppammal, Vs. The Income Tax Officer, 50, Nainiappa Pillai Street, Ward 3, Chinnakadai, Pondicherry 605 001. Puducherry. [Pan:Adapc8638D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Abhishek Murali, C.A. ""थ" की ओर से/Respondent By : Ms. Sandhya Rani Kure, Jcit सुनवाई की तारीख/ Date Of Hearing : 17.09.2025 घोषणा की तारीख /Date Of Pronouncement : 26.09.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 69 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We

For Appellant: Shri Abhishek Murali, C.AFor Respondent: Ms. Sandhya Rani Kure, JCIT
Section 69A

year 2017-18. 2. We find that this appeal is filed with a delay of 69 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we 2 I.T.A. No.1939/Chny/25 find the reasons stated

Natarajan Murugan, Tuticorin vs. ITO, Ward-1(2), Tuticorin

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

ITA 1935/CHNY/2025[2017-18]Status: DisposedITAT Chennai26 Sept 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Ratnesh Nandan Sahayआयकर अपील सं./I.T.A. No.1935/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Natarajan Murugan, Vs. The Income Tax Officer, 14/14/4 K.T.C. Nagar, Melur, Ward 1(2), Tuticorin S.O. Ettayapuram Road, Tuticorin. Tuticorin 628 002. [Pan:Aogpm4428L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Thulasiram, Avocate & Shri S. Kumarasubramanian, Advocate ""थ" की ओर से/Respondent By : Ms. Sandhya Rani Kure, Jcit सुनवाई की तारीख/ Date Of Hearing : 17.09.2025 घोषणा की तारीख /Date Of Pronouncement : 26.09.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 04.04.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 7 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons.

For Appellant: Shri R. Thulasiram, Avocate &For Respondent: Ms. Sandhya Rani Kure, JCIT
Section 147

year 2017-18. 2. We find that this appeal is filed with a delay of 7 days. The assessee filed an affidavit for condonation of delay stating the reasons. 2 I.T.A. No.1935/Chny/25 Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated

Assistant Commissioner of Income Tax, Central Circl 1, Coimbatore vs. Tiruchangodu Sengodagounder Ramasamy Khannaiyann, Coimbatore

In the result, the appeal filed by the Revenue is dismissed

ITA 1383/CHNY/2025[2016-17]Status: DisposedITAT Chennai26 Sept 2025AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.1382 & 1383/Chny/2025 िनधा"रण वष"/Assessment Years: 2013-14 & 2016-17 The Assistant Commissioner Of Vs. Tiruchangodu Sengodagounder Income Tax, Ramasamy Khannaiyan, Central Circle 1, 67, Avarampalaym Road, K.R. Puram, Coimbatore. Coimbatore 641 006. [Pan:Afzpk7832C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. E. Pavuna Sundari, Cit ""थ" की ओर से/Respondent By : Shri T. Banusekar, Advocate सुनवाई की तारीख/ Date Of Hearing : 15.09.2025 घोषणा की तारीख /Date Of Pronouncement : 26.09.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Revenue Are Directed Against Separate Orders Both Dated 26.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 20, Chennai For The Assessment Years 2013-14 & 2016-17. 2. We Find That This Appeal Is Filed With A Delay Of 13 Days. The Acit Central Circle 1, Coimbatore Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination

For Appellant: Ms. E. Pavuna Sundari, CITFor Respondent: Shri T. Banusekar, Advocate

find that this appeal is filed with a delay of 13 days. The ACIT Central Circle 1, Coimbatore filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination 2 I.T.A. Nos.1382 & 1383/Chny/25 of the said affidavit, we find the reasons stated

Assistant Commissioner of Income Tax, Central Circle 1, Coimbatore vs. Tiruchangodu Sengodagounder Ramasamy Khannaiyan, Coimbatore

In the result, the appeal filed by the Revenue is dismissed

ITA 1382/CHNY/2025[2013-14]Status: DisposedITAT Chennai26 Sept 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.1382 & 1383/Chny/2025 िनधा"रण वष"/Assessment Years: 2013-14 & 2016-17 The Assistant Commissioner Of Vs. Tiruchangodu Sengodagounder Income Tax, Ramasamy Khannaiyan, Central Circle 1, 67, Avarampalaym Road, K.R. Puram, Coimbatore. Coimbatore 641 006. [Pan:Afzpk7832C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. E. Pavuna Sundari, Cit ""थ" की ओर से/Respondent By : Shri T. Banusekar, Advocate सुनवाई की तारीख/ Date Of Hearing : 15.09.2025 घोषणा की तारीख /Date Of Pronouncement : 26.09.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Revenue Are Directed Against Separate Orders Both Dated 26.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 20, Chennai For The Assessment Years 2013-14 & 2016-17. 2. We Find That This Appeal Is Filed With A Delay Of 13 Days. The Acit Central Circle 1, Coimbatore Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination

For Appellant: Ms. E. Pavuna Sundari, CITFor Respondent: Shri T. Banusekar, Advocate

find that this appeal is filed with a delay of 13 days. The ACIT Central Circle 1, Coimbatore filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination 2 I.T.A. Nos.1382 & 1383/Chny/25 of the said affidavit, we find the reasons stated