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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

Shri Dipakkumar Parsotamdas Asanani, Village Jetpur, Dist. Rajkot vs. The ITO Ward 1 (2) (1), Rajkot

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

ITA 435/RJT/2025[2013-14]Status: DisposedITAT Rajkot12 Sept 2025AY 2013-14

Bench: Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainiआयकरअपीलसं आयकरअपीलसं/.Ita No. 435/Rjt/2025 "नधा"रणवष" "नधा"रणवष" /Assessment Year: 2013-14 Dipakkumar Parsotamdas Asanani Asanani Ito, Nfac, Delhi Prop. Jay Jalaram Enterprise, M. G. , M. G. Vs. Aayakar Bhavan, Race Course Ring Aayakar Bhavan, Race Course Ring Road, Rajkot – 360370 Road, Rajkot - 360001 Pan : Aecpa2955G (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By Assessee By : Shri Brijesh Parekh,Ld.Ar राज"वक"ओरसे/Revenue By Revenue By : Shri Abhimanyu Singh Yadav, Ld. D. Sr. Dr

For Appellant: Shri Brijesh Parekh,Ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld
Section 147Section 148

assessee is barred by limitation of 117 days. The 117 days. The assessee has submitted petition for condo assessee has submitted petition for condonation of delay requesting the Bench nation of delay requesting the Bench to condone the delay. The content the delay. The contents of the petition for condonation ... delay are of the petition for condonation of delay are reproduced below; Dipakkumar P. Asanani “In connection with the above appeal the applicant most humbly and respectfully onnection with the above appeal the applicant most humbly and respectfully onnection with the above appeal the applicant most humbly and respectfully begs

Suri Babu Krovvidi, Rajahmundry vs. Income Tax Officer, Vijayawada

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

ITA 409/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam12 Sept 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.409/Viz/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Suri Babu Krovvidi Vs. Income Tax Officer East Godavari Distt. Vijayawada Pan:Aejpk1777P (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Naresh Gowlikar, Ca (Hybrid) राज" व "ारा/Revenue By:: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 10/09/2025 घोषणा की तारीख/Pronouncement: 17/09/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 21/02/2025 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2016-17. 2. There Is A Delay Of 56 Days In Filing The Present Appeal. The Assessee Has Filed A Petition For Condonation Of Delay To Explain The Cause Of The Delay Which Is Supported By An Affidavit. The Learned Counsel For The Assessee Has Submitted That The Assessee Is A Layman & The Assessee Was Not Having Any Knowledge About The Tax & Procedural Requirement Of Filing The Appeal Against The Order Of The Learned Cit (A). He Has Further

For Appellant: Shri Naresh Gowlikar, CA (hybrid)For Respondent: : Dr. Aparna Villuri, Sr. AR
Section 17

relating to A.Y.2016-17. 2. There is a delay of 56 days in filing the present appeal. The assessee has filed a petition for condonation of delay to explain the cause of the delay which is supported by an affidavit. The learned Counsel for the assessee has submitted that the assessee ... considered and decided the appeal of the assessee on merit but the same was dismissed in limine by declining to condone the delay of 10 days in filing the appeal. Thus, he has submitted that the appeal of the assessee may be admitted for adjudication on merits otherwise it would

Suyash Solutions Pvt.Ltd, Pune vs. DCIT Circle-5, Pune

Accordingly, the Appeal filed by the Assessee is dismissed

ITA 576/PUN/2025[2010-11]Status: DisposedITAT Pune12 Sept 2025AY 2010-11

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.576/Pun/2025 निर्धारण वषा / Assessment Year: 2010-11 Suyash Solutions Pvt. Ltd., V The Dy.Cit, S.No.145, Pune Saswad Road, S. Circle-5, Pune. Opp,.Navalakha Godown, Phursungi, Pune – 412308. Maharashtra. Pan: Aajcs7144M Appellant/ Assessee Respondent / Revenue Assessee By Shri Mihir C Naniwadekar & Shri B.D.Bhide – Ar’S Revenue By Shri Akhilesh Srivastva– Addl.Cit(Dr) Date Of Hearing 17/06/2025 Date Of Pronouncement 12/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal)-1, Gurugram Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2010-11, Dated 22.01.2025 Emanating From Assessment Order U/S.143(1) Of The I.T.Act, Dated 23.02.2011. The Assessee Has Raised Following Grounds Of Appeal :

Section 139(1)Section 143(1)Section 250

order passed by the ld.CIT(A) may be vacated and Hon'ble Tribunal may direct the ld.CIT(A) to admit the appeal by condoning the delay and decide the appeal o9n merit else, Hon'ble Tribunal may admit the appeal and decide the same on merits of the case since ... before an appeal order is passed.” Submission of ld.AR : 2. Ld.Authorised Representative(ld.AR) for the Assessee submitted that the Ld.CIT(A) has not condoned the delay, there was sufficient reason for delay, hence ld.CIT(A) may be directed to 2 ITA No.576/PUN/2025 [A] condone the delay and decide the appeal