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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

M/S. Rukmani Finance Pvt Ltd., Bengaluru vs. Income Tax Officer, Ward-5(1)(4), Bangalore

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

ITA 919/BANG/2025[2017-18]Status: DisposedITAT Bangalore26 Sept 2025AY 2017-18

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year :2017-18 M/S. Rukmani Finance Pvt. Ltd. No.84, 5Th Floor, Manish Tower Ito J.C. Road Vs. Ward 5(1)(4) Bengaluru 560 002 Bengaluru Pan No : Aaacr9552P Appellant Respondent Appellant By : Sri T. Srinivasa, A.R. Respondent By : Sri Subramanian, D.R. Date Of Hearing : 30.06.2025 Date Of Pronouncement : 26.09.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld. Cit(A)/Nfac Dated 31.05.2023 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1053354784(1) Passed U/S. 250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: M/S. Rukmani Finance Pvt. Ltd., Bengaluru Page 2 Of 11

For Appellant: Sri T. Srinivasa, A.RFor Respondent: Sri Subramanian, D.R
Section 250Section 253(5)

days in filing the appeal before this Tribunal. Further, the ld. A.R. of the assessee also drew our attention to an application for condonation of delay filed along with an affidavit dated 21/04/2025 stating the cause for such delay, which are reproduced below for ease of reference and record ... that the delay is unintentional and no benefit can be attributed to the assessee in filing the appeal belatedly. He thus prayed to condone the delay and requested to consider the issues raised by the assessee on merits. 5. On the contrary, the ld. D.R. vehemently objected for granting

Puttaraju Hemavathi, Bengaluru vs. Income Tax Officer, Ward-6(3)(1), Bangalore

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

ITA 917/BANG/2025[2015-16]Status: DisposedITAT Bangalore26 Sept 2025AY 2015-16

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2015-16 Puttaraju Hemavathi 113, 1St Cros, 14Th Block Bda Layout Ito Nagarbhavi Vs. Ward 6(3)(1) Bengaluru 560 072 Bangalore Pan No : Amdph5733N Appellant Respondent Appellant By : Ms. Gana, A.R. Respondent By : Sri Subramanian, D.R. Date Of Hearing : 30.06.2025 Date Of Pronouncement : 26.09.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld. Cit(A)/Nfac Dated 5.6.2024 Vide Din & Order No. Itba/Nfac/S/250/2024-25/1065398501(1) Passed U/S. 250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: Puttaraju Hemavathi, Bengaluru Page 2 Of 11 Puttaraju Hemavathi, Bengaluru Page 3 Of 11

For Appellant: Ms. Gana, A.RFor Respondent: Sri Subramanian, D.R
Section 144Section 148Section 250

days in filing the appeal before this Tribunal. Further, the ld. A.R. of the assessee also drew our attention to an affidavit for condonation of delay dated 19/04/2025 along with a medical certificate issued by HIP&KNEE Clinic, Bangalore, stating the cause for such delay, which are reproduced below ... which prevented her from filing the appeal within the specified period before the ld. CIT(A)/NFAC, and accordingly, we are inclined to condone the delay in filing the appeal before the ld. CIT(A)/NFAC. 5. Now, the brief facts of the case are that the assessee

Sun Valley Food & Beverafges(P)Ltd., Bangalore vs. ITO, Ward-6(1)(1), Bangalore

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

ITA 300/BANG/2025[2012-13]Status: DisposedITAT Bangalore26 Sept 2025AY 2012-13

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year: 2012-13 Sun Valley Food & Beverages Pvt. Ltd. 7, Tank Road Ulsoor Ito Bangalore 560 042 Vs. Ward 6(1)(1) Karnataka Bangalore Pan No :Aalcs0921J Appellant Respondent Assessee By : None Department By : Sri Subramanian, D.R. Date Of Hearing : 03.07.2025 Date Of Pronouncement : 26.09.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld.Cit(A)/Nfac Dated 4.11.2024 Vide Din & Order No. Itba/Nfac/S/250/2024-25/1070079635(1) Passed U/S. 250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2012-13. 2. The Assessee Has Raised 14 Grounds Of Appeal.

For Appellant: NoneFor Respondent: Sri Subramanian, D.R
Section 143(2)Section 143(3)Section 148Section 155BSection 250

delay of 18 days in filing the appeal before this Tribunal. Further, the assessee has submitted an affidavit dated 21/02/2025 for condonation of delay stating the cause for such delay, which is reproduced below for ease of reference and convenience: Sun Valley Food and Beverages Pvt Ltd., Bangalore Page ... assessee company, which prevented him from filing the appeal within the specified period before this Tribunal, and accordingly, we are inclined to condone the delay in filing the appeal & admit the appeal for adjudication. 5. Brief facts of the case are that assessee company had not filed its return

Shivam Jewelmart Private Limited, Delhi vs. DCIT, Central Circle-14, Delhi

In the result, the Appeal of the Assessee is partly allowed for

ITA 2508/DEL/2025[2017-18]Status: DisposedITAT Delhi26 Sept 2025AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandrashivam Jewelmart Private Vs Dcit Limited. 1094/1167, 3Rd Floor Central Circle-14 Kuchamahajani, New Delhi Ara Centre, Jhandewalan, Pan: Aaqcs3302Q Delhi Appellant Respondent Assessee By Sh. Neeraj Mangla, Ca Revenue By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 25/09/2025 Date Of Pronouncement 26/09/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals) - Delhi, 26 (‘Ld. Cit (A)’ For Short), Dated 20/08/2024 For The Assessment Year 2017-18. 2. There Is A Delay Of 169 Days In Filing The Present Appeal. The Assessee Filed An Affidavit Explaining The Delay In Filing The Appeal

Section 115BSection 143(3)Section 147Section 69A

immediately preferred the present Appeal, which resulted in delay in filing the present Appeal and the same is not intentional. Thus, sought for condoning the delay in filing the present Appeal. 2 Shivam Jewelmart (P.) Ltd. Vs. DCIT 3. Per contra, the Ld. Department's Representative submitted that, there ... perused the material available on record on the issue of delay in filing the present Appeal. The Assessee in the Affidavit for condonation of delay contended that the delay in filing the Appeal contending that while filing the first appeal before the Ld. CIT(A) e-mail