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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

Sonalben Sanjaysinh Vihol, Ahmedabad vs. The Income Tax Officer, Ward-1, Patan

In the result, both the appeals of the assessee are treated as allowed for statistical purposes

ITA 1827/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad28 Aug 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1827/Ahd/2024 & 1828/Ahd/2024 िनधा"रण वष" /Assessment Years : 2014-15 & 2016-17 Respectively Sonalben Sanjaysinh Vihol The Income Tax Officer बनाम/ C/31, Ishan Residency Ward-1, V/S. R C Technical Road Patan – 384 265 Ghatlodia Ahmedabad – 380 061 (Gujarat) "थायी लेखा सं./Pan: Alxpv 4350 Q (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Chirag Shah, Ar Revenue By : Shri Abhijit, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 20/08/2025 घोषणा की तारीख /Date Of Pronouncement: 28/08/2025 आदेश/O R D E R Per Sanjay Garg: Both The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Of Even Date 30/07/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Years (Ays) 2014-2015 & 2016-17. Ita Nos.1827 & 1828/Ahd/2024 Sonalben Sanjaysinh Vihol Vs. Ito Asst.Year: 2014-15 & 2016-17

For Appellant: Shri Chirag Shah, ARFor Respondent: Shri Abhijit, Sr.DR
Section 144Section 250Section 69A

Asst.Year: 2014-15 & 2016-17 2. Both the appeals of the assessee are time-barred by 21 days. Separate applications for condonation of delay have been filed. Considering the averments made in the applications and shortness of delay, the delay in filing these appeals is hereby condoned. Assessee’s appeal

Charsur Arts Foundation, Chennai vs. CIT, Exemptions, Chennai

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

ITA 1753/CHNY/2025[2020-21]Status: DisposedITAT Chennai28 Aug 2025AY 2020-21

Bench: Shri George George Kand Shri Jagadishआयकर अपीलसं/.Ita No.:1753/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 Charsur Arts Foundation, The Commissioner Of No. 72, M.C.P. Ramasamy Road, Vs. Income Tax (Exemption), Alwarpet, Chennai 600 018. Chennai. [Pan: Aabtc-1154-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Hithesh, Advocate ""यथ" क" ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 28.08.2025 घोषणा क" तारीख/Date Of Pronouncement : 28.08.2025 आदेश/ O R D E R Per George George K: This Appeal Filed At The Instance Of The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Exemption), Chennai Dated 16.05.2025 Passed Under Section 119(2)(B) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’) For The Assessment Year 2020-21. 2. The Solitary Issue Argued On Merits Is With Regard To Maintainability Of Appeal Filed Against The Order Passed Under Section 119(2)(B) Of The Act.

For Appellant: Shri Hithesh, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 11Section 119(2)(b)Section 12ASection 139

Brief facts of the case are as follows: 4. The assessee, M/s. Charsur Arts Foundation filed a petition on 07.04.2025 for condonation of delay in filing Form 10B for the assessment year 2020-21 before the CIT(E). Considering the submissions of the assessee and in view of the CBDT ... Being aggrieved, the assessee raised the following grounds of appeal: 1. The Id CIT E erred in rejecting the assessee application for condonation of delay in filing Form 10B and upholding the order of Id CPC. 2. That on the facts and circumstances the case the Id CIT overlooked

Hirachand Rameshchand, Mayiladuthurai vs. Income Tax Officer, Kumbakonam

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

ITA 1643/CHNY/2025[2007-2008]Status: DisposedITAT Chennai28 Aug 2025AY 2007-2008

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1643/Chny/2025 िनधा"रण वष"/Assessment Year: 2007-08 Hirachand Rameshchand, Vs. The Income Tax Officer, No. 17B, Gandhi Road, Ward 1, Kumbakonam. Mayiladuthurai 609 001, Tamil Nadu. [Pan:Aadpr2968R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Akshit A Jain, Ca ""थ" की ओर से/Respondent By : Shri N. Rajakumar, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 25.08.2025 घोषणा की तारीख /Date Of Pronouncement : 28.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.12.2024 Passed By The Addl./Jcit(A), Thane For The Assessment Year 2007-08. 2. We Find That This Appeal Is Filed With A Delay Of 96 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 Akshit A Jain, CAFor Respondent: Shri N. Rajakumar, Addl. CIT
Section 68

year 2007-08. 2. We find that this appeal is filed with a delay of 96 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

4G Communications, Pondicherry vs. ITO, Ward-5., Pondicherry

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

ITA 1618/CHNY/2025[2017-18]Status: DisposedITAT Chennai28 Aug 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1618/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 4G Communications, Vs. The Income Tax Officer, 30, 1St Floor, 1St Cross, West Sathiya Ward 5, Nagar, Saram, Puducherry 605 013. Pondicherry. [Pan:Aabfz5235D] (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 : 25.08.2025 घोषणा की तारीख /Date Of Pronouncement : 28.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.03.2025 Passed By The Addl./Jcit(A)-10, Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 2 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

year 2017-18. 2. We find that this appeal is filed with a delay of 2 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 ... Under the above facts and circumstances, we set aside the impugned order and direct the ld. CIT(A) to consider the application for condoning the delay and condone the delay of 9 days, if any, in filing the appeal by the assessee and adjudicate the issue on merits by affording

Mohit Satsangi, Delhi vs. DCIT, Central Circle-16(1), Delhi

The appeal of the assessee is allowed for statistical purposes

ITA 1362/DEL/2025[2023-24]Status: DisposedITAT Delhi28 Aug 2025AY 2023-24

Bench: Shri Sudhir Kumar & Shri Manish Agarwalmohit Satsangi, Dcit, 24Th Floor, E-2 Block, Circle-16(1), Civic Centre, Jawaharlal Vs. Delhi. Nehru Marg, Delhi-110017. Pan-Awmps2265D (Appellant) (Respondent) Assessee By Shri Basant Kumar, Adv. & Ms. Sabhya Saachi Sharma, Ar Department By Shri Om Prakash, Sr. Dr Date Of Hearing 21/08/2025 Date Of Pronouncement 28/08/2025 O R D E R [ Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Addl./ Jt. Commissioner Of Income Tax (Appeals)-4, Mumbai [Cit(A) In Short], Dated 22.01.2025 In Appeal No. Addl./Jcit-(A) Mumbai- 10036/2022-23 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2023-24. 2. At The Outset, It Is Seen That The Appeal Of The Assessee Is Filed Delayed By 143 Days Before The Ld. Cit(A), For Which Delay Condonation Petition Was Also Filed, Wherein It Was Stated By The Mohit Satsangi Vs. Acit Assessee That He Had Filed Rectification Applications On Two Occasions Before The Ao For Rectification Of The Order, However, Both These Applications Were Dismissed, Therefore, The Assessee Had With No Other Alternate But To File The Appeal Before Cit(A) & In This Process The Same Was Got Delayed By 143 Days. The Ld. Cit(A) Did Not Find Any Force In The Reasons Given By The Assessee & Not Admitted The Appeal Of The Assessee By Not Condoning The Delay. 3. Before Us, Ld. Ar Of The Assessee Submits That The Delay Is Bonafide & There Was Reasonable Cause As Assessee Was Exploring The Alternate Remedy & Acted In Terms Of Legal Advice Therefore, The Appeal Was Got Delayed. He Also Placed Reliance On The Following Judgments: -Subhash Malik Vs. Cit 325 Itr 243 (All) -Sps Educational & Welfare Society Versus Dcit-Dpc [2022 (9) Tmi 87-

Section 250

find any force in the reasons given by the assessee and not admitted the appeal of the assessee by not condoning the delay. 3. Before us, Ld. AR of the assessee submits that the delay is bonafide and there was reasonable cause as assessee was exploring the alternate remedy ... Shilpa Gopala Reddy v. ITO [2020 (4) TMI 646 ITAT Bangalore]. 4. On the other hand, ld. Sr. DR objected to the condonation of delay in filing the appeal and stated that there was no Bonafide reason and only when the assessee had failed in rectification proceedings, he proceeded

Gurmeet Singh, Punjab vs. ITO, Ward-2(2), Ropar, Punjab

In the result, the appeal of the assessee is dismissed

ITA 712/CHANDI/2025[2010-11]Status: DisposedITAT Chandigarh27 Aug 2025AY 2010-11

Bench: Shri Laliet Kumarआयकर अपील सं./ Ita No. 712/Chd/2025 "नधा"रण वष" / Assessment Year : 2010-11 Gurmeet Singh, Ito, बनाम 939, Type Ii, Ward 2(2), Nuhon Colony Ghanauli, Ropar Vs. Rupnagar 140113 "थायी लेखा सं./Pan No: Ageps7897P अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Hearing ) "नधा"रती क" ओर से/Assessee By : Shri. Parikshit Aggarwal, Ca राज"व क" ओर से/ Revenue By : Smt. Surinder Kaur Waraich, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 27-08-2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 27-08-2025 आदेश/Order

For Appellant: Shri. Parikshit Aggarwal, CAFor Respondent: Smt. Surinder Kaur Waraich, Addl. CIT
Section 147Section 56Section 56(2)(vii)

days in filing of the appeal. During the proceedings before us, the ld. Counsel for the Assessee has submitted an application for condonation of delay along with an Affidavit, which is reproduced as under:- 4 6 3. I have considered the reasoning given in the affidavit and inclined to condone ... delay. 4. The ld. DR did not have any objection for this condonation of delay. 5. The facts in brief are that the assessee filed his return of income declaring income of ₹3,36,320/-. The assessment was reopened under section 147 r.w.s. 263 of the Income

Pinkal Sureshkumar Kothari, Ahmedabad vs. The ITO, Ward-5(2)(1), Ahmedabad

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

ITA 1303/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad27 Aug 2025AY 2017-18

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1303/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2017-18) बनाम/ Pinkal Sureshkumar Income Tax Officer Kothari Ward-5(2)(1), Vs. 4, Nemrajul Flat, Ahmedabad Navavikas Gruh Road, Vasna, Ahmedabad, Gujarat – 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Amlpk3944L (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Parth Mehta, A.R. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr

For Appellant: Shri Parth Mehta, A.RFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 143(2)Section 154Section 250Section 250(2)

Registry has noted the appeal to be time barred by 70 days. The assessee has filed an application for seeking condonation of delay stating as under: ITA No.1303/Ahd/2025 [Pinkal Sureshkumar Kothari vs. ITO] A.Y. 2017-18 - 2 – “1. Appellant Assessee is a Salaried Individual who has filed his Income ... that the appropriate remedy lies in preferring an appeal before the Hon'ble Tribunal 7. Appellant herewith approaches Hon'ble Tribunal to kindly condone the delay of 2 months in filing of appeal The delay in filing the present appeal is purely unintentional and occasioned solely due to the bonafide