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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

Gurmeet Singh, Sas Nagar vs. Income Tax Officer Ward 6(4), Chandigarh, Mohali

The appeal stand allowed for statistical purposes

ITA 1211/CHANDI/2024[2012-13]Status: DisposedITAT Chandigarh19 Aug 2025AY 2012-13

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.1211/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2012-13) Shri Gurmeet Singh Ito-Ward-6(4) H.No.71072C, Model Town Sec.68 बनाम/ Vs. Mundikharar, Chajjumajra Mohali Sec.126, Distt. Kharar Punjab 160062 Sas Nagar – 141 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Difps-4252-G (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Pankaj Bhalla (Ca) (Virtual) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 19-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 19-08-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 14-11-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] On Best Judgment Basis U/S. 144 R.W.S. 147 Of The Act On 25-11-2019 Making Addition Of Cash Deposit Of Rs.124.50

For Appellant: Shri Pankaj Bhalla (CA) (Virtual) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 126Section 144Section 68

making addition of cash deposit of Rs.124.50 Lacs. The Ld. CIT(A) did not admit the appeal for want of condonation of delay of 214 days. Aggrieved, the assessee is in further appeal before us. 2. The Ld. AR pointed out to the affidavit of the assessee (Page Nos.34-35

Akshat Education and Charitable Trust, Anand vs. The CIT(Exemption), Ahmedabad

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

ITA 456/AHD/2025[NA]Status: DisposedITAT Ahmedabad19 Aug 2025

Bench: Ms Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं / Ita No.456/Ahd/2025 निर्धारण वर्ष / Assessment Year : N.A Akshat Education & Charitable Trust, 5/35, Gosainu Faliyu Asodar, Borsad Road, Asodar, Anand-388307. (Gujarat) बनाम The Commissioner Of Income Tax, (Exemption), Ahmedabad स्थायी लेखा सं./Pan: Aaeta2211K अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By : Shri Mehul Thakkar, Ar Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख / Date Of Hearing 14/08/2025 घोषणा की तारीख / Date Of Pronouncement : 19/08/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (Exemptions), Ahmedabad [Hereinafter Referred To As “Ld. Cit(E)"] Dated 14.08.2024, Whereby The Assessee'S Application In Form No. 10Ab Seeking Approval Under Section 80G(5) Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”] Was Rejected By Invoking The Provisions Of Section 80G(5)(Iv)(B).

For Appellant: Shri Mehul Thakkar, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 80G(5)Section 80G(5)(iv)

invoking the provisions of section 80G(5)(iv)(B). ITA No.456/Ahd/2025 Akshat Education and Charitable Trust Vs. CIT(E) Assessment Year N.A 2 Condonation of Delay 2. At the outset, it is noted that there is a delay in filing the present appeal. As per the Registry, the appeal ... limitation period, whereas as per the assessee's computation, the delay is of 137 days. 3. The assessee has filed an application for condonation of delay along with an affidavit of one of its trustees, Shri Bhaktiswaroop Dharmaprasad, explaining the reasons for the delay. It has been submitted therein that

Gujarat Technological University, Ahmedabad, Vadodara vs. Deputy Commissioner of Income Tax Circle-1 Exemptions, Ahmedabad, Gujarat

In the result, the appeal of the assessee is allowed

ITA 1187/AHD/2025[2019-20]Status: DisposedITAT Ahmedabad19 Aug 2025AY 2019-20

Bench: Ms Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1187/Ahd/2025 िनधा"रण वष" /Assessment Year : 2019-10 Gujarat Technological University, The Dcit, Nr. Vishwakarma Govt. Engg. College, बनाम/ Circle-1, V/S. Near Visar Three Roads, Exemptions, Chandkheda Society Area S.O, Ahmedabad Gandhinagar, Ahmedabad-382424. (Gujarat) "थायी लेखा सं./Pan: Aaalg1109L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms. Amrin Pathan, Ar Revenue By : Shri Rignesh Das, Sr-Dr सुनवाई की तारीख/Date Of Hearing : 14/08/2025 घोषणा की तारीख /Date Of Pronouncement: 19/08/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: ] ] This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Cit(A)”] Dated 14.03.2025, For The Assessment Year (A.Y.) 2019–20, Arising Out Of The Rectification Order Passed By The Centralized Processing Centre (Cpc), Bengaluru, Under

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Rignesh Das, Sr-DR
Section 10Section 11Section 12ASection 139(1)Section 139(5)Section 143(1)Section 154

noticed by the CIT(A) that the assessee had filed applications for condonation of delay in furnishing Form No. 10, Form No. 10B, and the revised return, both before the CIT(E), Ahmedabad, on 05.02.2024 and before the CBDT on 12.02.2024. The CIT(E) rejected the condonation application vide order ... filing of the prescribed forms. Relying upon CBDT Circular No. 11/2024 dated 01.11.2024, the CIT(A) observed that he had no jurisdiction to condone such delay, as the power to do so vests only with the specified authorities prescribed therein. The CIT(A) further referred to the statutory mandate under

Darul Ullom Fatimatuz-Zahra, Banaskantha vs. The CIT(Exemption), Ahmedabad

Appeals are allowed for statistical

ITA 1019/AHD/2025[NA]Status: DisposedITAT Ahmedabad19 Aug 2025

Bench: Ms Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1018-1019/Ahd/2025 निर्धारण वर्ष / Assessment Year : N.A Darul Uloom Fatimatuz-Zahra, Khadal Pura Vas Basu, Khadalpura Vas, Basu Vadgam, Banaskantha-385520. (Gujarat) बनाम Income Tax, (Exemption), V/S. Ahmedabad स्थायी लेखा सं./Pan: Aaetd2206K अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By: Ms. Urjita Shah, Ar Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख / Date Of Hearing 14/08/2025 घोषणा की तारीख / Date Of Pronouncement: 19/08/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Are Directed Against Two Separate Orders Passed By The Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(E)"], Both Arising From Rejection Of The Assessee'S Applications, One For Registration Under Section 12Ab Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act"] Dated 17.08.2023 & The Other For Approval Under Section 80G(5) Of The Act Dated 24.08.2023.

For Appellant: Ms. Urjita Shah, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 12ASection 12A(1)(ac)Section 80G(5)

common facts and issues are involved, both appeals were heard together and are being disposed of by way of this consolidated order. Condonation of Delay 2. At the outset, it is noted that there is a delay of 554 days in filing both appeals before the Tribunal. The assessee ... that no benefit has accrued to the assessee thereby. 3. The learned Departmental Representative, when queried, did not raise any objection to the condonation of delay. 4. We note that the Hon'ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji (167 ITR 471) has laid down that substantial

Darul Ullom Fatimatuz-Zahra, Banaskantha vs. The CIT(Exemption), Ahmedabad

Appeals are allowed for statistical

ITA 1018/AHD/2025[NA]Status: DisposedITAT Ahmedabad19 Aug 2025

Bench: Ms Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1018-1019/Ahd/2025 निर्धारण वर्ष / Assessment Year : N.A Darul Uloom Fatimatuz-Zahra, Khadal Pura Vas Basu, Khadalpura Vas, Basu Vadgam, Banaskantha-385520. (Gujarat) बनाम /V/S. The Commissioner Of Income Tax, (Exemption), Ahmedabad स्थायी लेखा सं./Pan: Aaetd2206K अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By: Ms. Urjita Shah, Ar Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 14/08/2025 घोषणा की तारीख / Date Of Pronouncement: 19/08/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Are Directed Against Two Separate Orders Passed By The Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(E)"], Both Arising From Rejection Of The Assessee'S Applications, One For Registration Under Section 12Ab Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act"] Dated 17.08.2023 & The Other For Approval Under Section 80G(5) Of The Act Dated 24.08.2023.

For Appellant: Ms. Urjita Shah, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 12ASection 12A(1)(ac)Section 80G(5)

common facts and issues are involved, both appeals were heard together and are being disposed of by way of this consolidated order. Condonation of Delay 2. At the outset, it is noted that there is a delay of 554 days in filing both appeals before the Tribunal. The assessee ... that no benefit has accrued to the assessee thereby. 3. The learned Departmental Representative, when queried, did not raise any objection to the condonation of delay. 4. We note that the Hon'ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji (167 ITR 471) has laid down that substantial