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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

Kannammal Educational Trust, Chennai vs. Deputy Director of Income Tax (Exemptions)-III, Nugambakkam, Chennai

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

ITA 1642/CHNY/2025[2011-12]Status: DisposedITAT Chennai04 Sept 2025AY 2011-12

Bench: Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.1642/Chny/2025 िनधा"रण वष"/Assessment Year: 2011-12 Kannammal Educational Trust, Vs. The Deputy Director Of 30, Dr. Ramasamy Road, K.K. Nagar, Income Tax (Exemptions) Iii, Chennai 600 078. Chennai. [Pan:Aaatk7675B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Ms. V. Aswathy, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.09.2025 घोषणा की तारीख /Date Of Pronouncement : 04.09.2025 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Dated 01.02.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2011-12. 2. When The Appeal Was Taken Up For Hearing, None Appeared On Behalf Of The Assessee Nor Any Adjournment Petition Filed By The Assessee. The Notice Of Hearing Issued By The Registry Of This Tribunal Returned Unserved With An Endorsement “No Such Person”. Moreover, No Change Of Address, If Any, Filed Along With Appeal Memo. Hence, The 2

For Appellant: NoneFor Respondent: Ms. V. Aswathy, JCIT

after hearing the ld. DR. 3. The appeal filed by the assessee is delayed by 766 days. The assessee filed an affidavit for condonation of delay and the contents are reproduced as under: That the Attorney/Advocate of the assessee trust Mr. S.M. Chokkalingam could not file the Memorandum of appeal ... assessee miserably failed to show sufficient cause for the inordinate delay in filing the appeal. Thus, the affidavit filed for 3 I.T.A. No.1642/Chny/25 condonation of delay of 776 days stands rejected and accordingly, the appeal filed by the assessee is dismissed as not maintainable. 6. In the result, the appeal

Kalyanasundaram Ranjithkumar, Thiruvarur vs. ITO, Ncw-22(6), Tambaram

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

ITA 1622/CHNY/2025[2019-20]Status: DisposedITAT Chennai04 Sept 2025AY 2019-20

Bench: Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.1622/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 Kalyanasundaram Ranjithkumar, Vs. The Income Tax Officer, 2/46A, Keela Padugai Po, Non Corporate Ward 22(6), Thiruvarur 610 109. Tambaram. [Pan:Aimpr1914L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Girish Kumar, Advocate ""थ" की ओर से/Respondent By : Ms. V. Aswathy, Jcit सुनवाई की तारीख/ Date Of Hearing : 01.09.2025 घोषणा की तारीख /Date Of Pronouncement : 04.09.2025 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.11.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2019-20. 2. This Appeal Is Filed With A Delay Of 489 Days. The Assessee Filed Petition For Condonation Of Delay Stating The Reasons In Support Of An Affidavit. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, I Find The Reasons Stated By The Assessee Are Bonafide, Which 2

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Ms. V. Aswathy, JCIT
Section 10Section 17(3)Section 89

Delhi for the assessment year 2019-20. 2. This appeal is filed with a delay of 489 days. The assessee filed petition for condonation of delay stating the reasons in support of an affidavit. Upon hearing both the parties and on examination of the said affidavit, I find the reasons

The Karnataka Multipurpose Souharda Sahakari Niyamit, Chikodi vs. E Assessment, Nipnai

ITA 122/PAN/2025[2018-2019]Status: DisposedITAT Panaji03 Sept 2025AY 2018-2019

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 122/Pan/2025 Assessment Year : 2018-19 The Karnataka Multipurpose Souharda Sahakari Niyamit. Bhagyalaxmi Nagar, Chikodi, Belgavi-591201. Pan : Aaaat4824A . . . . . . . Appellant V/S National Faceless E-Asstt Centre, Delhi . . . . . . . . Respondent Appearances Assessee By : Mr Chetan Chougule [‘Ld. Ar’] Revenue By : Ms Rijjula Uniyal [‘Ld. Dr’] Date Of Conclusive Hearing : 03/09/2025 Date Of Pronouncement : 03/09/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Apl/S/250/2023-24/1057730634(1) Dt. 06/11/2023 Passed By Addl./Jt. Commissioner Of Income Tax Appeals-1, Coimbatore, [‘Ld. Nfac’] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’] Which In Turn Arisen Out Of Rectification Order Dt. 28/05/2021 Passed U/S 154 Of The Act By The Central Processing Centre, Bengaluru [‘Ld. Cpc’] Anent To Assessment Year 2018-19 [‘Ay’].

For Appellant: Mr Chetan Chougule [‘Ld. AR’]For Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 143(1)Section 154Section 246ASection 249Section 250Section 253(3)

Niyamit. Vs NFeAC ITA Nos.122/PAN/2025 AY: 2018-19 2. The present appeal is time barred by 483 days. The appellant’s application for condonation of delay is supported by an affidavit dt. 03/05/2025 whereby reasons in not filing appeal within time allowed u/s 253(3) of the Act are explained ... Collector, Land Acquisition, Anantnag and Anr. Vs Ms Katiji and Others’ [1987, 167 ITR 5 (SC)], thus requiring us to condone the delay in the larger interest of justice. In view thereof the undeliberate delay occurred in instituting present appeal by the appellant assessee, after placing reliance on former judicial

The Chimna Agri. Ser Vice Society Ltd., Punjab vs. Jao Income Tax Officer, ITO, Ward-1, Jagraon, Punjab

In the result, both the appeals filed by the Assessee are allowed for statistical purposes

ITA 423/CHANDI/2025[2020-2021]Status: DisposedITAT Chandigarh03 Sept 2025AY 2020-2021

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 422/Chd/2025 "नधा"रण वष" / Assessment Year : 2020-21 & आयकर अपील सं./ Ita No. 423/Chd/2025 "नधा"रण वष" / Assessment Year : 2020-21 The Chimna Co-Op. Agri. Jao. बनाम Service Society Ltd., Income Tax Officer Vpo Chimna, Jagraon, Ward 1, Vs. Ludhiana. 141011 Jagraon "थायी लेखा सं./Pan No. Aaaat4706D अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा"रती क" ओर से/Assessee By : Shri. Kushal Chopra, C.A. (Virtual) राज"व क" ओर से/ Revenue By : Dr. Ranjit Kaur, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 30-07-2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.09-2025 आदेश/Order

For Appellant: Shri. Kushal Chopra, C.A. (virtual)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 250Section 270ASection 80PSection 80P(2)(d)

facts has erred in not admitting the appeal of the appellant and has also erred in rejecting the appellant’s application for condonation of delay, as filed before him at para No 15 of Form No. 35, in a summary and arbitrary manner without appreciating and rebutting the reasons stated ... application for condonation of delay in a judicious manner. 3. Notwithstanding the above grounds of appeal, the CIT(A) has failed to appreciate that the appellant is operating as a co- operating society in a very small village having population less than 2000 and it does not have a technical

The Chimna Co-Op Agri. Service Society Ltd., Punjab vs. Jao the Income Tax Officer Ward 1 Jagraon, Punjab

In the result, both the appeals filed by the Assessee are allowed for statistical purposes

ITA 422/CHANDI/2025[2020-2021]Status: DisposedITAT Chandigarh03 Sept 2025AY 2020-2021

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 422/Chd/2025 "नधा"रण वष" / Assessment Year : 2020-21 & आयकर अपील सं./ Ita No. 423/Chd/2025 "नधा"रण वष" / Assessment Year : 2020-21 The Chimna Co-Op. Agri. Jao. बनाम Service Society Ltd., Income Tax Officer Vpo Chimna, Jagraon, Ward 1, Vs. Ludhiana. 141011 Jagraon "थायी लेखा सं./Pan No. Aaaat4706D अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Mode ) "नधा"रती क" ओर से/Assessee By : Shri. Kushal Chopra, C.A. (Virtual) राज"व क" ओर से/ Revenue By : Dr. Ranjit Kaur, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 30-07-2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 03.09-2025 आदेश/Order

For Appellant: Shri. Kushal Chopra, C.A. (virtual)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 250Section 270ASection 80PSection 80P(2)(d)

facts has erred in not admitting the appeal of the appellant and has also erred in rejecting the appellant’s application for condonation of delay, as filed before him at para No 15 of Form No. 35, in a summary and arbitrary manner without appreciating and rebutting the reasons stated ... application for condonation of delay in a judicious manner. 3. Notwithstanding the above grounds of appeal, the CIT(A) has failed to appreciate that the appellant is operating as a co- operating society in a very small village having population less than 2000 and it does not have a technical