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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

Vadodara Urban Development Authority, Vadodara vs. The Dy.CIT (Exemption), Circle-2, Ahmedabad

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

ITA 1252/AHD/2025[2014-15]Status: DisposedITAT Ahmedabad22 Aug 2025AY 2014-15

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1252/Ahd/2025 िनधा"रण वष" /Assessment Year : 2014-15 Vadodara Urban The Dy.Cit (Exemption) बनाम/ Development Authority Circle-2 V/S. Vuda Bhavan, L&T Circle, Ahmedabad – 380 015 Karelibaugh S.O., Vadodara – 390 015 (Gujarat) "थायी लेखा सं./Pan: Aaabv 0141 M (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Hardik Vora, Advocate Revenue By : Shri B.P. Rastogi, Cir-Dr सुनवाई की तारीख/Date Of Hearing : 19/082025 घोषणा की तारीख /Date Of Pronouncement: 22/08/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 27/03/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2014-2015. 2. At The Outset, The Ld.Counsel For The Assessee Submitted That The Assessee Is A Government Organization. That There Was A Delay Of 109 Days In Filing The Appeal Before The Ld.Cit(A). The Ld.Counsel Further Invited Our Vadodara Urban Development Authority Vs. The Dy.Cit (Exemption), Circle-2 Asstt.Year 2014-15

For Appellant: Shri Hardik Vora, AdvocateFor Respondent: Shri B.P. Rastogi, CIR-DR
Section 250

Exemption), Circle-2 Asstt.Year 2014-15 attention to the impugned order of the Ld.CIT(A) has submitted that the Ld.CIT(A) has not condoned the delay in filing the appeal and has dismissed the appeal of the assessee being barred by limitation. That no findings on merits have been given ... process, the aforesaid delay of 109 days had occurred in filing the appeal before the Ld.CIT(A). That a separate application for condonation of delay was filed before the Ld.CIT(A). However, the Ld.CIT(A) for the reasons mentioned in the impugned order has rejected the application of condonation

Shri Sainath Sevabhavi Sanstha, Latur vs. ITO, Exemption Ward, Nanded

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

ITA 1319/PUN/2025[2013-14]Status: DisposedITAT Pune22 Aug 2025AY 2013-14

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1319/Pun/2025 िनधा"रण वष" / Assessment Year : 2013-14 Shri Sainath Sevabhavi Vs. Ito, Exemption Ward, Sanstha, Nanded. Akharwai, Harangul Bk, Latur, Harangai Bk, B.O., Latur- 413531. Pan : Aakts9324H Appellant Respondent Assessee By : Shri Sarang Gudhate Revenue By : Shri Akhilesh Srivastva Date Of Hearing : 30.07.2025 Date Of Pronouncement : 22.08.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.04.2025 Passed By Ld. Addl./Jcit(A)-7, Delhi [‘Ld. Cit(A)’] For The Assessment Year 2013-14. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “(Without Prejudice To Each Other) 1. Under The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A)/Nfac Has Erred In Not Condoning The Delay In Filing Of Appeal. 2. Under The Facts & Circumstances Of The Case & In Law, Ld Cit(A)/Nfac Has Erred In Denying The Expenditure Incurred & Treating The Gross Receipts As Income In Intimation U/S 143(1).

For Appellant: Shri Sarang GudhateFor Respondent: Shri Akhilesh Srivastva
Section 119(2)(b)Section 143(1)Section 154

each other) 1. Under the facts and circumstances of the case and in law, the Ld. CIT(A)/NFAC has erred in not condoning the delay in filing of Appeal. 2. Under the facts and circumstances of the case and in law, Ld CIT(A)/NFAC has erred in denying ... vide letter dated 17.07.2020 rejected the refund approval and directed to file the application u/s 119(2)(b) of the IT Act for condoning the delay in filing of another return in appropriate form. The assessee then filed application for condonation of delay

Vengala Rao Madala, Hyderabad vs. Income Tax Officer, Ward-11(1), Hyderabad

In the result, the appeal is allowed for statistical purposes

ITA 193/HYD/2025[2017-18]Status: DisposedITAT Hyderabad22 Aug 2025AY 2017-18

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.193/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Vengala Rao Madala, Income Tax Officer, Vs. Ward-11(1), Hyderabad. Hyderabad. Pan:Aqnpm6758J (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By:: Dr. Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 07/08/2025 घोर्णध की तधरीख/Pronouncement: 22/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Vengala Rao Madala (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 04.10.2023 For The A.Y. 2017-18. 2. At The Outset, It Is Noticed That There Is A Delay Of 403 Days In Filing The Appeal Before The Tribunal. The Assessee Has Filed A

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: : Dr. Narendra Kumar Naik
Section 144Section 249(4)(b)

delay of 403 days in filing the appeal before the Tribunal. The assessee has filed a ITA No.193/Hyd/2025 2 petition for condonation of delay along with an affidavit, explaining the reasons for the delay in filing the appeal. The Learned Authorised Representative (“Ld. AR”) submitted that during the relevant period

Sri Someshwara Laxmi Narasimha Swamy Temple Palakurthy, Warangal vs. CIT (Exemptions), Hyderabad

In the result, all the four appeals of the assessee are allowed for statistical purpose

ITA 141/HYD/2025[2024-25]Status: DisposedITAT Hyderabad22 Aug 2025AY 2024-25

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1408/Hyd/2024 To 1410/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2015-16, 2016-17 & 2018-19) Sri Someshwara Laxmi Vs. Income Tax Officer, Narasimha Swamy Temple Exemption Palakurthy Ward-1(4) Pan : Aagas8382Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.141/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2024-25) Sri Someshwara Laxmi Vs. Commissioner Of Narasimha Swamy Temple Income Tax Palakurthy (Exemptions) Pan : Aagas8382Q Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A.Sai Prasad, Ar रधजस् व द्वधरध/Revenue By: Dr.Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 19/08/2025 घोर्णध की तधरीख/ 22/08/2025 Date Of Pronouncement: आदेश / Order Per Bench : These Four Appeals Filed By The Assessee Are Directed Against Three Separate Orders Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”], National Faceless Appeal Centre, Delhi, All Dated 08.10.2024 For The A.Y.2015-16, 2016-17 & 2018-19 Respectively & Order Dated 26.02.2024 Of Commissioner Of Income Tax (Exemptions) [“Ld.Cit(E)”], Whereby The Application Of The Assessee For Registration U/S 12Ab Of The Income Tax Act, 1961 (“The Act”) Was Rejected.

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: Dr.Sachin Kumar, DR
Section 12A

except the Executive Officer, nobody else could have responded to the notices issued by the Ld.CIT(A). He has filed the petition for condonation of delay before the Ld.CIT(A) in all the three appeals and submitted that the delay before the Ld.CIT(A) of 13, 11 and 14 days ... appeals of the assessee may be admitted for adjudication on merits. 4. On the other hand, the Ld.DR has vehemently opposed to the condonation of delay in filing the appeals before the Ld.CIT(A) and submitted that the assessee has not disputed the delay in filing the appeals, but, there

Sri Someshwara Laxmi Narasimha Swamy Temple Palakurthy, Warangal vs. ITO., Exemption Ward-1(4), Hyderabad

In the result, all the four appeals of the assessee are allowed for statistical purpose

ITA 1410/HYD/2024[2018-19]Status: DisposedITAT Hyderabad22 Aug 2025AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1408/Hyd/2024 To 1410/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2015-16, 2016-17 & 2018-19) Sri Someshwara Laxmi Vs. Income Tax Officer, Narasimha Swamy Temple Exemption Palakurthy Ward-1(4) Pan : Aagas8382Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.141/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2024-25) Sri Someshwara Laxmi Vs. Commissioner Of Narasimha Swamy Temple Income Tax Palakurthy (Exemptions) Pan : Aagas8382Q Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A.Sai Prasad, Ar रधजस् व द्वधरध/Revenue By: Dr.Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 19/08/2025 घोर्णध की तधरीख/ 22/08/2025 Date Of Pronouncement: आदेश / Order Per Bench : These Four Appeals Filed By The Assessee Are Directed Against Three Separate Orders Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”], National Faceless Appeal Centre, Delhi, All Dated 08.10.2024 For The A.Y.2015-16, 2016-17 & 2018-19 Respectively & Order Dated 26.02.2024 Of Commissioner Of Income Tax (Exemptions) [“Ld.Cit(E)”], Whereby The Application Of The Assessee For Registration U/S 12Ab Of The Income Tax Act, 1961 (“The Act”) Was Rejected.

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: Dr.Sachin Kumar, DR
Section 12A

except the Executive Officer, nobody else could have responded to the notices issued by the Ld.CIT(A). He has filed the petition for condonation of delay before the Ld.CIT(A) in all the three appeals and submitted that the delay before the Ld.CIT(A) of 13, 11 and 14 days ... appeals of the assessee may be admitted for adjudication on merits. 4. On the other hand, the Ld.DR has vehemently opposed to the condonation of delay in filing the appeals before the Ld.CIT(A) and submitted that the assessee has not disputed the delay in filing the appeals, but, there

Sri Someshwara Laxmi Narasimha Swamy Temple Palakurthy, Warangal vs. ITO., Exemption, Ward-1(4), Hyderabad

In the result, all the four appeals of the assessee are allowed for statistical purpose

ITA 1409/HYD/2024[2016-17]Status: DisposedITAT Hyderabad22 Aug 2025AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1408/Hyd/2024 To 1410/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2015-16, 2016-17 & 2018-19) Sri Someshwara Laxmi Vs. Income Tax Officer, Narasimha Swamy Temple Exemption Palakurthy Ward-1(4) Pan : Aagas8382Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.141/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2024-25) Sri Someshwara Laxmi Vs. Commissioner Of Narasimha Swamy Temple Income Tax Palakurthy (Exemptions) Pan : Aagas8382Q Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A.Sai Prasad, Ar रधजस् व द्वधरध/Revenue By: Dr.Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 19/08/2025 घोर्णध की तधरीख/ 22/08/2025 Date Of Pronouncement: आदेश / Order Per Bench : These Four Appeals Filed By The Assessee Are Directed Against Three Separate Orders Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”], National Faceless Appeal Centre, Delhi, All Dated 08.10.2024 For The A.Y.2015-16, 2016-17 & 2018-19 Respectively & Order Dated 26.02.2024 Of Commissioner Of Income Tax (Exemptions) [“Ld.Cit(E)”], Whereby The Application Of The Assessee For Registration U/S 12Ab Of The Income Tax Act, 1961 (“The Act”) Was Rejected.

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: Dr.Sachin Kumar, DR
Section 12A

except the Executive Officer, nobody else could have responded to the notices issued by the Ld.CIT(A). He has filed the petition for condonation of delay before the Ld.CIT(A) in all the three appeals and submitted that the delay before the Ld.CIT(A) of 13, 11 and 14 days ... appeals of the assessee may be admitted for adjudication on merits. 4. On the other hand, the Ld.DR has vehemently opposed to the condonation of delay in filing the appeals before the Ld.CIT(A) and submitted that the assessee has not disputed the delay in filing the appeals, but, there

Sri Someshwara Laxmi Narasimha Swamy Temple Palakurthy, Warangal vs. ITO., Exemption, Ward-1(4), Hyderabad

In the result, all the four appeals of the assessee are allowed for statistical purpose

ITA 1408/HYD/2024[2015-16]Status: DisposedITAT Hyderabad22 Aug 2025AY 2015-16

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1408/Hyd/2024 To 1410/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2015-16, 2016-17 & 2018-19) Sri Someshwara Laxmi Vs. Income Tax Officer, Narasimha Swamy Temple Exemption Palakurthy Ward-1(4) Pan : Aagas8382Q Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.141/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2024-25) Sri Someshwara Laxmi Vs. Commissioner Of Narasimha Swamy Temple Income Tax Palakurthy (Exemptions) Pan : Aagas8382Q Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A.Sai Prasad, Ar रधजस् व द्वधरध/Revenue By: Dr.Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 19/08/2025 घोर्णध की तधरीख/ 22/08/2025 Date Of Pronouncement: आदेश / Order Per Bench : These Four Appeals Filed By The Assessee Are Directed Against Three Separate Orders Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”], National Faceless Appeal Centre, Delhi, All Dated 08.10.2024 For The A.Y.2015-16, 2016-17 & 2018-19 Respectively & Order Dated 26.02.2024 Of Commissioner Of Income Tax (Exemptions) [“Ld.Cit(E)”], Whereby The Application Of The Assessee For Registration U/S 12Ab Of The Income Tax Act, 1961 (“The Act”) Was Rejected.

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: Dr.Sachin Kumar, DR
Section 12A

except the Executive Officer, nobody else could have responded to the notices issued by the Ld.CIT(A). He has filed the petition for condonation of delay before the Ld.CIT(A) in all the three appeals and submitted that the delay before the Ld.CIT(A) of 13, 11 and 14 days ... appeals of the assessee may be admitted for adjudication on merits. 4. On the other hand, the Ld.DR has vehemently opposed to the condonation of delay in filing the appeals before the Ld.CIT(A) and submitted that the assessee has not disputed the delay in filing the appeals, but, there

T1461 Koothanallur Pacb Ltd., Thiruvarur vs. ITO, Ward-1, Thiruvarur

In the result, the stay application filed by the assessee is dismissed and the appeal filed by the assessee is allowed for statistical purposes

ITA 2195/CHNY/2025[2018-19]Status: DisposedITAT Chennai22 Aug 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.2195/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 & S.A. No. 73/Chny/2025 [In Ita No. 2195/Chny/2025] T1461 Koothanallur Pacb Ltd., Vs. The Income Tax Officer, Rep. By Its Secretary Mr. T. Ward 1, Singaravelu, No. 27, Big Nazaar Street, Thiruvarur. Koothanallur Post, Mannargudi Taluk, Thiruvarur 614 101. [Pan:Aacat6581C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. T.V. Paarkavi, Advocate For Shri J. Ashok, Advocate ""थ" की ओर से/Respondent By : Shri C. Sivakumar, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 19.08.2025 घोषणा की तारीख /Date Of Pronouncement : 22.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.10.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2

For Appellant: Ms. T.V. Paarkavi, Advocate for Shri J. Ashok, AdvocateFor Respondent: Shri C. Sivakumar, Addl. CIT
Section 119(2)(b)Section 147

73/Chny/25 2. We find that this appeal is filed with a delay of 231 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 are bonafide, which ... satisfied with the reasons stated by the assessee for belated filing of appeal, dismissed the appeal filed by the assessee without condoning the delay as well as deciding the issues raised in the appeal on merits. On being aggrieved, the assessee is in appeal before the Tribunal

Sunny Madhukar Bhagat, Mumbai vs. Assessing Officer, Kautilya Bhavan, Mumbai

In the result, appeal of the assessee is allowed as per our aforesaid

ITA 2450/MUM/2025[2011-12]Status: DisposedITAT Mumbai22 Aug 2025AY 2011-12

Bench: Shri Amit Shukla & Shri Arun Khodpiaआयकर अपील सं. / Ita No.2450/Mum/2025 निर्धारण वर्ष / Assessment Year :2011-12 Sunny Madhukar Bhagat A-303, Om Sai Chsl, Bldg. No.2, Tagore Nagar, Nr. Eastern Express Hwy Vikhroli E, Mumbai Pan: Anfpb5386E ........अपीलार्थी / Appellant बनाम / V/S. The Income Tax Officer, Ward-41(20) (5), Mumbai ......प्रत्यर्थी / Respondent Assessee By : Ms. Ankita Tarafdar, Ca Revenue By : Shri Aditya Rai, Sr. Dr सुनवाई की तारीख / Date Of Hearing :18.08.2025 घोषणा की तारीख / Date Of Pronouncement : 22.08.2025 2 Sunny Madhukar Bhagat Vs. Ito, Ward-41(2)(5), Mumbai

For Appellant: Ms. Ankita Tarafdar, CAFor Respondent: Shri Aditya Rai, Sr. DR

Petition (Civil) Nos.26310-26311/2024, dated 31.01.2025, had observed that a justice oriented and liberal approach ought to be adopted while considering the aspect of condoning the delay involved in filing of the appeal. Also, the Hon'ble High Court of Chhattisgarh in the case of Jagdish Prasad Singhania Vs. Additional Commissioner ... Ambikapur (supra) had held that a justice oriented and liberal approach be adopted while considering the application filed by the assessee for condonation of delay. 5. That in the recent judgment of the Hon'ble Supreme Court in the case of Inder Singh Vs. the State of Madhya Pradesh, Civil