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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

Pedne Taluka Farmers Service Co-Operative Society Limited, Pedne vs. Income Tax Officer, Ward - 2(2), Panaji

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

ITA 198/PAN/2025[2014-15]Status: DisposedITAT Panaji23 Sept 2025AY 2014-15

Bench: Shri Pavan Kumar Gadalei T A. No.198/Pan/2025 (A.Y. 2014-15) Pende Taluka Farmers Service Vs I T O Ward2(2), Co-Operative Society Limited, Aaykar Bhavan, . Sahakar Bhawan, Edc, Patto, Pernem, Panjim Goa-403512. Goa-403001. Pan .No. Aaaap0651P (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Arun .F.Naik.Ar Revenue By Shri.Guru Kumar.S.Sr.Dr सुनवाई की तारीख/Date Of Hearing 22.09.2025 घोषणा की तारीख/Date Of Pronouncement 23.09.2025 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of The Addl/Jcit (A)-12 Mumbai Passed U/Sec 143(3) & U/Sec 250 Of The Act. 2. At The Time Of Hearing, The Ld.Ar Submitted That There Is A Delay Of 154 Days In Filing The Appeal Before The Hon’Ble Tribunal & The Assesse Has Filed The Application & Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned In The Affidavit Are Reasonable & Sufficient Cause Is Explained & The Ld. Dr Has No Specific Objections. Accordingly, Condone The Delay & Admit The Appeal. The Assessee Has Raised The Grounds Of Appeal

Section 80P(2)(a)Section 80P(2)(d)

delay of 154 days in filing the appeal before the Hon’ble Tribunal and the assesse has filed the application and affidavit for condonation of delay. Whereas, the facts mentioned in the affidavit are reasonable and sufficient cause is explained and the Ld. DR has no specific objections. Accordingly, condone

Mr. Madan Lal Gupta, Bhadrak vs. Income Tax Officer, Bhadrak Ward, Bhadrak

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

ITA 379/CTK/2025[2017-18]Status: DisposedITAT Cuttack23 Sept 2025AY 2017-18

Bench: Shri George Mathanआयकर अपील सं/Ita No.379/Ctk/2025 (िनधा"रण वष" / Assessment Year : 2017-2018) Madan Lal Gupta Vs Ito, Bhadrak Ward, Bhadrak Near Charampa College, Tishalpur, Rahanja, Charampa, Bhadrak, 756101 Pan No. : Acxpg 7862 M (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : Shri B.R. Panda, Ar राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. D.R. सुनवाई क" तारीख / Date Of Hearing : 23/09/2025 घोषणा क" तारीख/Date Of Pronouncement : 23/09/2025 आदेश / O R D E R This Is An Appeal Filed By The Assesee Against The Order Of The Ld.Cit(A), National Faceless Appeal Centre(Nfac),Delhi Dated 18/10/2024 Passed In Appeal No.Cit(A),Cuttack/10541/2019-20 For The Assessment Year 2017-2018. 2. At The Outset, It Is Found That The Appeal Of The Assessee Is Barred By 181 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.Sr. Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, The Delay Of 181 Days In Filing The Appeal By The Assessee Is Condoned & The Appeal Of The Assessee Is Admitted For Hearing.

For Appellant: Shri B.R. Panda, ARFor Respondent: Shri Vijay Singh, Sr. D.R
Section 140

appeal of the assessee is barred by 181 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.Sr. DR also did not raise any serious objection to condone the delay. Accordingly, the delay

Umashanker Bishambharnath Sharma, Jetpur, Dist. Rajkot vs. The ITO Ward-1 (2) (3) Rajkot, Rajkot

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

ITA 303/RJT/2025[2010-11]Status: DisposedITAT Rajkot23 Sept 2025AY 2010-11

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं/.Ita No. 303/Rjt/2025 "नधा"रणवष"/ Assessment Year: 2010-11 Umashanker Bishambharnath Sharma Income Tax Officer, Wd – 1(2)(3), Shree Ram Enterprise, B/5, Panchvati Vs. Aayakar Bhavan, Race Course Ring Society, Dhoraji Road, Road, Jetpur - 360370 Rajkot – 360001 Pan No.: Avwps1259C (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri Brijesh Parekh, Ld.Ar राज"वक"ओरसे/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr

For Appellant: Shri Brijesh Parekh, Ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144Section 250

appeal filed by the assessee is barred by limitation by 106 days. The assessee has moved a petition requesting the Bench to condone of delay. The contents of petition for condonation of delay, are as follows; Umashanker B. Sharma “1]1 have filed an appeal before the honourable ITAT, Rajkot ... days. The reason for the delay is as stated above.” 3. On the basis of the contents of the petition for condonation of delay, the Ld. Counsel submitted that assessee has explained the sufficient cause for condonation of delay stating that notices and order of Ld.CIT(A) were delivered