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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

D. E. Shaw India Private Limited, Hyderabad vs. DCIT., Circle-8(1), Hyderabad

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

ITA 1154/HYD/2024[2020-21]Status: DisposedITAT Hyderabad12 Sept 2025AY 2020-21

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1154/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2020-21) M/S. D.E. Shaw India Pvt. Dy. Commissioner Of Income Vs. Ltd., Hyderabad. Tax, Pan:Aaacd7214J Circle 8(1), Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.P. Chidambaram, Adv. रधजस् व द्वधरध/Revenue By: Ms. U. Mini Chandran, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 01/09/2025 घोर्णध की तधरीख/Pronouncement: 12/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By M/S. D E Shaw India Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Assessment Order Passed By The Learned Assessing Officer (“Ld. Ao”) U/S. 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (“The Act”) Dated 27.06.2024 For The A.Y. 2020-21. 2. At The Outset, It Is Seen That There Is A Delay Of 66 Days In Filing Of The Present Appeal, For Which The Assessee Has Filed Condonation Petition Explaining The Reasons For Delay In Filing Of The Appeal. As Per Record, The Appeal Was Required To Be Filed On Or Before

For Appellant: Shri S.P. Chidambaram, AdvFor Respondent: Ms. U. Mini Chandran, SR-DR
Section 143(3)

interest of justice. 4. Per contra, the Learned Departmental Representative (“Ld. DR”) fairly submitted that she has no serious objection to the condonation of delay in the present case, considering that the assessee had originally filed the appeal before the due date. 5. We have considered the rival submissions ... appeal. The Ld. DR also has not objected to the condonation. In these circumstances, we are satisfied that sufficient cause exists for condoning the delay. Accordingly, the delay of 66 days in filing of the appeal is condoned and the appeal is admitted for adjudication on merits. The assessee

Shri Sanatan Dharma Panchayat High School Mandawa, Kolkata vs. CIT(Exemption), Kolkata

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

ITA 1476/KOL/2025[2026-2027]Status: DisposedITAT Kolkata12 Sept 2025AY 2026-2027

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2026-27 Shri Sanatan Dharma Panchayat High School Mandawa….….……….……Appellant Block-A-11, 4Th Floor, 234/3A Ajc Bose Road, Kol - 700020. [Pan: Aaets8043F] Vs. Cit (Exemption), Kolkata………………………………….....……...…..…..Respondent Appearances By: Shri Sanjeev Kadel, Ca, Appeared On Behalf Of The Appellant. Shri Sanat Kr. Raha, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 10, 2025 Date Of Pronouncing The Order : September 12, 2025 Order Per Pradip Kumar Choubey:

Section 12ASection 80GSection 80G(5)Section 80G(5)(iii)Section 80G(5)(iv)

Dharma Panchayat High School Mandawa the application filed in Form 10AB on the ground that Commissioner of Income Tax has no power to condone the delay in filing application in Form No.10AB for registration u/s 80G after due date. 3. Aggrieved and dissatisfied, the assessee filed the present appeal before ... impugned order thereby submitting that the assessee has already granted application for regular approval u/s 12A by the ld. CIT(E) by condoning the delay of in filing Form 10AB but the ld. CIT(E) rejected the same in granting registration u/s 80G also filed in Form No.10AB by stating

M/S. Alternative for India Development, Chennai vs. ITO, Exemption Ward-4, Chennai

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

ITA 1555/CHNY/2025[2018-19]Status: DisposedITAT Chennai12 Sept 2025AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1555/Chny/2025 धनिाजरण वर्ज / Assessment Year: 2018-19 Alternative For India Development, Income Tax Officer, No. 1, Vgn Nagar, Vs. Exemption Ward -4, Iyyappanthangal, Chennai. Kattupakkam Post, Chennai – 600 056. [Pan:Aaata-4184-H] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. K.Viswa Padmanabhan, Ca. प्रत्यथी की ओर से/Respondent By : Shri. P.K. Senthil Kumar, Addl.Cit. सुनवाई की तारीख/Date Of Hearing : 15.07.2025 घोर्णा की तारीख/Date Of Pronouncement : 12.09.2025 आदेश /O R D E R Per S. R. Raghunatha, Am :

For Appellant: Shri. K.Viswa Padmanabhan, CAFor Respondent: Shri. P.K. Senthil Kumar, Addl.CIT
Section 11Section 11(1)Section 12ASection 143(3)

assessee on 20.02.2024 against the order u/s.143(3) of the Act dated 30.08.2021. Before the ld.CIT(A), the assessee filed the condonation of delay petition stating that the statutory notices issued by the AO had not been received by the assessee and also the order passed u/s.143 ... assessee immediately took steps to file an appeal against the order of the AO and filed the same on 20.02.2024 and prayed for condonation of delay. The ld.CIT(A) after considering the exclusion of COVID-19 as directed by the Hon’ble Supreme Court found that still there

Palanisamy Anand, Salem vs. ITO, Ward-1(6), Salem

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

ITA 1528/CHNY/2025[2017-18]Status: DisposedITAT Chennai12 Sept 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1528/Chny/2025 धनिाजरण वर्ज / Assessment Year: 2017-18 Palanisamy Anand, Income Tax Officer, D.No.2, Mariamman Kovil Street, Vs. Ward -1(6), Seshanchavadi, Valappadi Salem. Salem– 636 111. [Pan:Amcpa-1644-C] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. S. Sridhar, Advocate. प्रत्यथी की ओर से/Respondent By : Shri. Arv Sreenivasan, Cit. सुनवाई की तारीख/Date Of Hearing : 16.07.2025 घोर्णा की तारीख/Date Of Pronouncement : 12.09.2025 आदेश /O R D E R Per S. R. Raghunatha, Am :

For Appellant: Shri. S. Sridhar, AdvocateFor Respondent: Shri. ARV Sreenivasan, CIT
Section 144Section 147Section 69

assessee on 16.11.2023 against the order u/s.147 r.w.s.144B of the Act. Before the ld.CIT(A), the assessee failed to file the condonation of delay petition with documentary evidence in support of his claim and explain with reasons for filing the appeal in delay during the appellate proceedings, in spite opportunity ... para 1.2 of its order. Therefore, the ld.CIT(A) dismissed the appeal in liminie as not :-3-: ITA. No:1528/Chny/2025 maintainable without condoning the delay in filing the appeal. Aggrieved by the order of ld.CIT(A), the assessee has filed an appeal before us. 6. The ld.AR submitted that