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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

Naba Utkal Trust, Bhubaneswar vs. ITO, Exemption Ward, Bhubaneswar

Appeal of the assessee is allowed

ITA 268/CTK/2025[2021-22]Status: DisposedITAT Cuttack02 Sept 2025AY 2021-22

Bench: Shri Sonjoy Sarma, Jm & Shri Sanjay Awasthi, Am आयकर अपील सं/Ita No.268/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2021-2022) Naba Utkal Trust, Vs Ito, Exemption, Bhubaneswar Plot No.841, Keshab Complex, Cuttack Road, Rasulgarh, Bhubaneswar-751010 Pan No. : Aabtn 0126 D (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Ambika Prasad Mohanty, Ca राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 28/08/2025 घोषणा की तारीख/Date Of Pronouncement : 02/09/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm: This Is An Appeal Filed By The Assessee Against The Order, Dated 28.12.2024 Passed By The Ld. Addl./Jcit(A), Panaji, For The Assessment Year 2021-2022. 2. The Appeal Of The Assessee Is Barred By 60 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein That The Delay Of 60 Days In Filing The Present Appeal Is Due To Lack Of Knowledge About The Order Passed By The Ld.Pcit. Accordingly, The Assessee Prayed That The Delay Of 60 Days May Kindly Be Condoned & Appeal Of The Assessee May Kindly Be Admitted For Hearing. Ld. Sr. Dr Did Not Raise Any Objection To This Contention Of The Assessee For Condonation Of Delay. Accordingly, We Are Of The View That The Assessee

For Appellant: Shri Ambika Prasad Mohanty, CAFor Respondent: Shri Vijay Singh, Sr. DR
Section 11(2)Section 119(2)Section 12ASection 143(1)

appeal of the assessee is barred by 60 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein that the delay of 60 days in filing the present appeal is due to lack of knowledge about the order passed ... assessee may kindly be admitted for hearing. Ld. Sr. DR did not raise any objection to this contention of the assessee for condonation of delay. Accordingly, we are of the view that the assessee 2 has stated the sufficient reasons for condonation of delay, therefore, condoned the delay

Arulmigu Devi Karumariamman Thirukoil, Chennai vs. DCIT (Exemptions), Chennai

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

ITA 1678/CHNY/2025[2019-20]Status: DisposedITAT Chennai02 Sept 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1678/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 Arulmigu Devi Karumariamman Vs. The Deputy Commissioner Of Thirukoil, Karumanriamman Thirukoil, Income Tax (Exemptions), Sannathi Street, Thiruverkadu 600 077, Chennai. Chennai. [Pan:Aadta3737H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. V. Krishnan, Advocate ""थ" की ओर से/Respondent By : Shri N. Rajakumar, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.08.2025 घोषणा की तारीख /Date Of Pronouncement : 02.09.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.04.2025 Passed By The Addl/Jcit(A)-7, Delhi For The Assessment Year 2019-20. 2. The Assessee Raised 10 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Additions Made By The Assessing Officer By 2

For Appellant: Shri N. V. Krishnan, AdvocateFor Respondent: Shri N. Rajakumar, Addl. CIT
Section 143(1)Section 143(1)(a)

justified in confirming the additions made by the Assessing Officer by 2 I.T.A. No.1678/Chny/25 dismissing the appeal of the assessee without condoning the delay in filing the appeal in the facts and circumstances of the case. 3. At the outset, the ld. AR Shri N.V. Krishnan, Advocate submits that ... impugned order, we note that in para 2.1 of the impugned order, the ld. CIT(A) reproduced the 4 I.T.A. No.1678/Chny/25 reasons for condonation of delay. The ld. AR drew our attention to page 7 of the paper book being screenshot from the portal with respect to the response filed

Ponnusamy Raja, Vakkil New Street, Madurai vs. Income Tax Officer, Non-Corporate Ward 1(7), Madurai, Income Tax Office, Cr Building

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

ITA 1677/CHNY/2025[2018-2019]Status: DisposedITAT Chennai02 Sept 2025AY 2018-2019

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1677/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Ponnusamy Raja, Vs. The Income Tax Officer, No. 176-A, 3Rd Floor, Vakkil New Street, Non Corporate Ward 1(7), Simmakal, Madurai 625 001. Madurai. [Pan:Agepr6307F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri N. Rajakumar, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.08.2025 घोषणा की तारीख /Date Of Pronouncement : 02.09.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 04.03.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 9 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri N. Rajakumar, Addl. CIT
Section 36(1)(ii)Section 44A

year 2018-19. 2. We find that this appeal is filed with a delay of 9 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee