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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

Sankhla Suman, Hyderabad vs. Income Tax Officer, Ward-7(3), Hyderabad

In the result, the appeal filed by the assessee is dismissed

ITA 1014/HYD/2025[2016-17]Status: DisposedITAT Hyderabad10 Sept 2025AY 2016-17

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1014/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2016-17) Ms. Sankhla Suman, Income Tax Officer, Vs. Ward-7(3), Hyderabad. Hyderabad. Pan:Conps4670D (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None. रधजस् व द्वधरध/Revenue By: Ms. Aditi Goyal, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 01/09/2025 घोर्णध की तधरीख/Pronouncement: 10/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Ms. Sankhla Suman (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Addl./Jcit (Appeals)-1, Chandigarh (“Ld. First Appellate Authority”), Dated 28.10.2024 For The A.Y. 2016-17. 2. At The Outset, It Is Noticed That There Is A Delay Of 161 Days In Filing Of The Present Appeal. However, The Assessee Has Not Filed Any

For Appellant: NoneFor Respondent: Ms. Aditi Goyal, SR-DR

delay of 161 days in filing of the present appeal. However, the assessee has not filed any ITA No.1014/Hyd/2025 2 petition for condonation of delay, nor has any affidavit explaining the reasons for such delay been placed on record. Further, no one appeared on behalf of the assessee before this

Laxmi Narcinva Urban Co-Operative Credit Society Limited, Margao vs. Income Tax Officer, Ward - 3, Margao

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

ITA 185/PAN/2025[2017-18/]Status: DisposedITAT Panaji09 Sept 2025

Bench: Shri Pavan Kumar Gadalei T A. Nos.185/Pan/2025 (A.Y. 2017-18 ) Laxmi Narcinva Urban Vs Ito-Ward-3, Cooperative Credit Society Ltd, Blessings Pioneer . Katkar Guru Ashish Building, Complex, 1 St Floor,Rua Clovis Costa Old Market, Road, Margoa-403601, Margoa-403601, Goa. Goa. Pan .No. Aaajl1003E (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri. Pramod.Y.Vaidya.Ar Revenue By Smt.Rijula Uniyal.Sr.Dr सुनवाई की तारीख/Date Of Hearing 08.09.2025 घोषणा की तारीख/Date Of Pronouncement 09.09.2025 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of Nfac/Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. 2. At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay Of 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 & The Ld. Dr Has No Specific Objections.

Section 68

delay of 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 the Ld. DR has no specific objections. 2 ITA. No..185/PAN/2025 Laxmi Narcinva Urban Co-Operative ... Credit Society Limited. Accordingly, we condone the delay and admit the appeal. The assessee has raised the grounds of appeal challenging the ex parte order of the CIT(A) sustaining the addition u/se 68 of the Act made by the Assessing Officer. 3. The brief facts of the case

Chand Ratan Bahety, Kolkata vs. ITO, Ward 37(4), Kolkata

In the result, appeal of the assessee is dismissed

ITA 1460/KOL/2025[2013-2014]Status: DisposedITAT Kolkata09 Sept 2025AY 2013-2014

Bench: Shri George Mathan & Shri Rakesh Mishraआयकर अपील सं/Ita No.1460/Pat/2025 (निर्धारण वर्ा / Assessment Year : 2013-2014) Chand Ratan Bahety, Vs Ito Ward-37(4), Kolkata 4Th Floor, 6, Ritche, Kolkata-700019 Pan No. :Aehpb 2280 C (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri Siddarth Jhajharia, Fca रधजस्व की ओर से /Revenue By : Ms. Archana Gupta, Addl.Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 09/09/2025 घोषणा की तारीख/Date Of Pronouncement : 09/09/2025 आदेश / O R D E R Per George Mathan, Jm: This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 11.06.2025 For The Assessment Year 2013-2014. 2. Shri Siddarth Jhajharia, Ld. Ar Appeared On Behalf Of The Assessee & Ms. Archana Gupta, Sr.Dr Appeared On Behalf Of The Revenue. 3. It Was Submitted By The Ld. Ar That The Ld.Cit(A) Has Dismissed The Appeal Of The Assessee For Delay Of 40 Days. It Was The Submission That The Assessment Order Dated 22.03.2016 Was Served On The Assessee On 07.04.2016. It Was The Submission That The Appeal Before The Ld.Cit(A) Was Been Filed On 15.06.2016. It Was Submitted That This Was The First Year In Which Appeal Was Being Filed Through Online. It Was The Submission That The Cbdt Has Also Issued Circular No.20/2016, Dated 26Th May, 2016, Wherein It States As Under :-

For Appellant: Shri Siddarth Jhajharia, FCAFor Respondent: Ms. Archana Gupta, Addl.CIT-Sr.DR

rival submissions. A perusal of the order of the ld.CIT(A) shows that the ld.CIT(A) has given detailed reasons for not condoning the delay and also no reasons have been provided by the assessee in regard to condonation of delay. This being so, we find no reason to interfere

Orion Pest Solutions Private Limited, Kolkata vs. ITO, Circle 11(1), Kolkata

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

ITA 1455/KOL/2025[2018-19]Status: HeardITAT Kolkata09 Sept 2025AY 2018-19

Bench: Shri George Mathan & Shri Rakesh Mishraorion Pest Solutions Pvt. Ltd Vs Ito, Circle-11(1), Kolkata 200W, S.P.Mukherjee Road, Kalighat So Kolkata-700026 Pan No. :Aabco 0290 J (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : None रधजस्व की ओर से /Revenue By : Shri Praveen Kishore, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 09/09/2025 घोषणा की तारीख/Date Of Pronouncement : 09/09/2025 आदेश / O R D E R Per George Mathan, Jm: This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 24.07.2024 For The Assessment Year 2018-2019. 2. None Appeared On Behalf Of The Assessee. Shri Praveen Kishore, Ld.Cit-Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Barred By 277 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay, Which Are Plausible & Not Found To Be False. Ld. Cit-Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, Delay Of 277 Days In Filing The Present Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing.

For Appellant: NoneFor Respondent: Shri Praveen Kishore, CIT-DR

revenue. 3. The appeal of the assessee is barred by 277 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reasons for delay, which are plausible and not found to be false. Ld. CIT-DR also ... raise any serious objection to condone the delay. Accordingly, delay of 277 days in filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 2 ITANo.1455/Kol/2025 4. Ld. Sr. DR vehemently supported the orders of the Assessing Officer