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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

Lintas Employees Health Assistance Trust, Mumbai vs. Income Tax Officer Ward 25(2)(1), Mumbai

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

ITA 4364/MUM/2025[2019-20]Status: DisposedITAT Mumbai25 Sept 2025AY 2019-20

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2019-20 Lintas Employees Health Income-Tax Officer, Assistance Trust Ward – 25(2)(1), 13Th Floor, Express Towers Mumbai Nariman Point, Vs. Mumbai – 400021 (Pan: Aaatl0325M) (Appellant) (Respondent) Present For: Assessee : Shri Prakash Jotwani & Ms Priya Gada, Advocates Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 14.08.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Addl/Jcit (A)-1, Hyderabad Vide Order No. Itba/Apl/S/250/2024- 25/1074797264(1), Dated 21.03.2025 Passed Against The Intimation Issued By The Central Processing Centre Of The Department, Bengaluru (Cpc) U/S. 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 12.05.2020 For Assessment Year 2019-20. 2. Grounds Taken By The Assessee Are Reproduced As Under: Ground No. 1: Erred In Not Condoning Delay In Filing The Appeal The Ld. Cit(A) Erred In Dismissing The Appeal Without Considering The Merits Of The Case & Erred In Not Condoning The Delay Of 964 Days In Filing The Appeal

For Appellant: Shri Prakash Jotwani and Ms Priya Gada, AdvocatesFor Respondent: Shri Surendra Mohan, Sr. DR
Section 10(15)Section 10(35)Section 143(1)

FILING THE APPEAL The ld. CIT(A) erred in dismissing the appeal without considering the merits of the case, and erred in not condoning the delay of 964 days in filing the appeal 2 Lintas Employees Health Assistance Trust AY 2019-20 dated 04-02-2023 and failed to take ... into consideration the reasons provided for the delay in filing the appeal. The reasons assigned for rejection or refusing the condonation of delay, are unjustified and contrary to the principles of natural justice. GROUND NO. 2: ADDITION IN AN INTIMATION ORDER U/S. 143(1) 1. The ld. AO/CPC

Vimal Pukhraj Jain, Mumbai vs. Income Tax Officer 42(1)(5), Mumbai

In the result, appeal of the assessee is allowed

ITA 4305/MUM/2025[2018-19]Status: DisposedITAT Mumbai25 Sept 2025AY 2018-19

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhrivimal Pukhraj Jain Income Tax Officer Ward 806, Dheeraj Enclave, Borivali East, Vs. 42(1)(5) Opp. Bhor Industries, Mumbai Kautilya Bhavan, Bkc, 400066 Mumbai 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaipj6511H (Appellant) (Respondent) निर्ााररती की ओर से / Assessee By: Shri. Pankaj Jain/ Ms. Karuna Kurle Shirdhankar /Revenue By: Ms. Kavita P. Kaushik Sr. Dr Date Of Hearing 18.08.2025 Date Of Pronouncement 25.09.2025 आदेश/O R D E R Per Renu Jauhri [A.M]: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As "Cit(A)"] Dated 14.02.2023 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "Act"] For Assessment Year [A.Y.] 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: “On The Facts & In The Circumstances Of The Case & In Law The Ld. Commissioner Of Income Tax (Appeals) –Nfac Has Confirmed The Penalty Of Rs. 50,000/- Levied By The Assessing Officer By Invoking Provisions Of Section 272A(1)(D) Of The Income Tax Act, 1961 For Non-Compliance Of The Notices.” 3. At The Outset, It Is Notice That There Is A Delay In Filling Appeal Of 807 Days. The Assessee Has Filed An Affidavit Explaining The Reasons For The P A G E | 2

For Appellant: Shri. Pankaj Jain/ Ms. KarunaFor Respondent: Ms. Kavita P. Kaushik SR. DR
Section 143(3)Section 250Section 272ASection 272A(1)(d)

been filed. Since the filing of appeal got delayed due to genuine and bonafide reasons, therefore, the assessee has requested for condonation of delay. After considering the facts and circumstances of the case we observe that the delay was unintentional and due to bonafide reasons as explained and the same

Gurukula Foundation, Khurda vs. The Income Tax Officer, Exemption Ward, Bhubaneswar

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

ITA 432/CTK/2025[2016-17]Status: DisposedITAT Cuttack24 Sept 2025AY 2016-17

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.432/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2016-2017) Gurukula Foundation Vs Ito, Exemption Ward, At:- Chhatabara, P.O/P.S:- Bhubaneswar Jamujhari, Khurda 752054 Pan No. : Aabtg 1538 Q (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Ashim Kumar Chakraborty, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 24/09/2025 घोषणा की तारीख/Date Of Pronouncement : 24/09/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Ld.Cit(A), National Faceless Appeal Centre(Nfac), Delhi Order Dated 13/03/2025 Passed In Appeal No. Cit(A), Bhubaneswar-3/10155/2018-19 For The Assessment Year 2016-2017. 2. At The Outset, It Is Found That The Appeal Of The Assessee Is Barred By 68 Days. In This Regard, The Assessee Has Filed An Affidavit Stating Sufficient Reasons For Condonation Of Delay, Which Are Plausible & Not Found To Be False. Ld.Cit-Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, The Delay Of 68 Days In Filing The Appeal By The Assessee Is Condoned & The Appeal Of The Assessee Is Admitted For Hearing.

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Ashim Kumar Chakraborty, CIT-DR

appeal of the assessee is barred by 68 days. In this regard, the assessee has filed an affidavit stating sufficient reasons for condonation of delay, which are plausible and not found to be false. Ld.CIT-DR also did not raise any serious objection to condone the delay. Accordingly, the delay

Pahanawa Associates Private Limited, Bhubaneswar vs. Income Tax Officer, Bhubaneswar

In the result, appeal of the assesee is partly allowed for statistical purposes

ITA 360/CTK/2025[2014-2015]Status: DisposedITAT Cuttack24 Sept 2025AY 2014-2015

Bench: Shri George Mathanआयकर अपील सं/Ita No. 360/Ctk/2025 (िनधा"रण वष" / Assessment Year : 2014-2015) Pahanawa Associates Priivate Vs Ito, Bhubaneswar Limited, Flat No-606,Vishnu Block,Balaji Complex Housing Society, Jharpada,Bhubaneswar-751006 Pan No. : Aaecp 8304 K (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : None राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. D.R. सुनवाई क" तारीख / Date Of Hearing : 24/09/2025 घोषणा क" तारीख/Date Of Pronouncement : 24/09/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Cit(A), National Faceless Appeal Centre(Nfac), Delhi Dated 27/02/2025 In Appeal No.Nfac/2013-14/10072355 For Assessment Year 2014-15. 2. There Is A Delay Of 49 Days, For Which The Assesee Has Filed Condonation Of Delay Petition. The Revenue Has Not Disputed The Delay & Condonation. The Reasons Given By The Assesee Are Found To Be Plausible, Consequently, The Delay In Filing Of The Appeal Is Condoned. 3. A Perusal Of The Facts As Also The Submissions Of The Ld. Sr. Dr Shows That The Order Of The Ld. Cit(A) Is Exparte In Sofaras The Assesee Has Not Represented Before The Ld.Cit(A). This Being So, In The Interest Of The Justice The Issues In This Appeal Are Restored To The File Of The Ld.

For Appellant: NoneFor Respondent: Shri Vijay Singh, Sr. D.R

Appeal No.NFAC/2013-14/10072355 for assessment year 2014-15. 2. There is a delay of 49 days, for which the assesee has filed condonation of delay petition. The revenue has not disputed the delay and condonation. The reasons given by the assesee are found to be plausible, Consequently, the delay