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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

Ashok Gurunath Patil, Latur vs. ITO Ward1(1), Latur

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

ITA 594/PUN/2025[2011-12]Status: DisposedITAT Pune24 Sept 2025AY 2011-12

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.594/Pun/2025 धििेंारण वर्ा /Assessment Year: 2011-2012 Ashok Gurunath Patil, Ito, Ward 1(1), Latur A/P Masobavadi, Khed, Nilanga, Latur-413522 Vs. Maharashtra Pan-Bihpp0618K अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 21.08.2024 Which Is Arising Out Of Order Passed U/S 271(1)(C) Of The Act Dated 27.02.2018. 2. Registry Has Informed That There Is A Delay Of 123 Days In Filing Of The Appeal. Application For Condonation Of Delay Alongwith Affidavit Has Been Filed & Placed At Page No. 24-26 Of The Appeal Citing The Main Reason For The Delay, That The Assessee Was Not Aware Of Passing Of The Impugned Order As 2 The Tax Consultant Registered The E-Mail Id Of His Younger Son & The E-Mail Account Was Not In Use. After Hearing The Ld. Departmental Representative (Dr) & Perusing The Records We Find That The Sufficient Cause Prevented The Assessee From Filing The Appeal Within The Prescribed Time Limit & The Delay Is Not Intentional. Therefore In The Larger Interest Of Justice & Also Placing Reliance On The Judgement Of Hon’Ble Apex Court In The Case Of Collector, Land Acquisition Vs. Master Katiji & Others(1987) 167 Itr 471(Sc) (Supreme Court) & In The Case Of Inder Singh Vs State Of Madhya Pradesh Judgement Dated 21.03.2025 (2025) Insc 382) We Hereby Condone The Delay Of 123 Days & Admit The Appeal For Adjudication On Merits.

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Ramnath P Murkunde
Section 250Section 271(1)(c)Section 274

dated 27.02.2018. 2. Registry has informed that there is a delay of 123 days in filing of the appeal. Application for condonation of delay alongwith affidavit has been filed and placed at Page No. 24-26 of the appeal citing the main reason for the delay, that the assessee ... Supreme Court) and in the case of Inder Singh Vs State of Madhya Pradesh judgement dated 21.03.2025 (2025) INSC 382) we hereby condone the delay of 123 days and admit the appeal for adjudication on merits. 3. Assessee has raised following grounds of appeal:- 1. On the facts

Rajnish Wellness Limited, Mumbai vs. ITO, Mumbai

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

ITA 3471/MUM/2025[2018-19]Status: DisposedITAT Mumbai24 Sept 2025AY 2018-19

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2018-19 Rajnish Wellness Limited, Income Tax Officer, 6Th Floor, Ward-5(3)(1), Navjivan Commercial, Vs. Aayakar Bhavan, Lamington Road, Mumbai-400020. Mumbai Central, Mumbai-400008. Pan : Aahcr3491G (Appellant) (Respondent) For Assessee : None For Revenue : Shri Annavaram Kosuri, Sr.Dr Date Of Hearing : 23-09-2025 Date Of Pronouncement : 24-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 25-03-2025, Pertaining To Assessment Year (Ay) 2018-19. 2. Briefly The Facts Of The Case Are That The Assessee Filed Its Return Of Income Which Was Selected For Limited Scrutiny To Verify The Genuineness Of The Large Scale Promotion Expenses. Notices U/S. 143(2) & 142(1) Of The Income Tax Act, 1961 („The Act‟) Were Issued Calling For The Necessary

For Appellant: NONEFor Respondent: Shri Annavaram Kosuri, Sr.DR
Section 143(2)Section 144Section 37(1)

perusal of the impugned order, we find that the Ld. CIT(A) without adjudicating upon the application so filed by the assessee seeking condonation of delay has dismissed the appeal on account of non- prosecution. Further, there is no adjudication on the application seeking furnishing of the additional evidences under ... deem it appropriate to set aside to the matter to the file of the Ld.CIT(A) to decide the matter afresh including condonation of delay as well as application seeking admission of additional evidence under Rule 46A and the assessee is also provided one more opportunity, where the matter could

Dilipkumar Phoolchand Jain, Mumbai vs. DCIT, Circle 20(1), Mumbai

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

ITA 3373/MUM/2025[2020-21]Status: DisposedITAT Mumbai24 Sept 2025AY 2020-21

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2020-21 Dilipkumar Phoolchand Jain, Dcit, Circle-20(1), A/1901-1902, Piramal Chambers, Vardhman Heights, Vs. Dr.Ss Rao Marg, Tb Kadam Marg, Parel, Byculla (East), Mumbai-400012. Mumbai-400027. Pan : Aarpj1996K (Appellant) (Respondent) For Assessee : Mr. Dipesh Ruparelia (Virtually Present) For Revenue : Shri Annavaram Kosuri, Sr.Dr Date Of Hearing : 22-09-2025 Date Of Pronouncement : 24-09-2025 O R D E R Per Vikram Singh Yadav, A.M :

For Appellant: Mr. Dipesh RupareliaFor Respondent: Shri Annavaram Kosuri, Sr.DR
Section 143(3)Section 234ASection 234BSection 270ASection 272A(1)Section 274Section 37(1)Section 57

pertaining to Assessment Year (AY) 2020-21, wherein the assessee has taken the following grounds of appeal: “Grounds on rejection of application for condonation of delay: 1. Erred in dismissing the appeal of the Appellant by rejecting the application for condonation of delay, without considering the merits of the appeal ... granting an opportunity of being heard to the Appellant before passing an ex-parte order; 4. Erred in not considering the application for condonation of delay filed by the Appellant as genuine and reasonable; 5. Erred in not appreciating the fact that the Appellant is not a tax professional