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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

Chathamangalam Service Co-Operative Bank Ltd, Chathamangalam vs. Asst. Commissioner of Income Tax, Kozhikode

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

ITA 76/COCH/2025[2015-2016]Status: DisposedITAT Cochin22 May 2026AY 2015-2016

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2015-16 Chathamangalam Service Co-Op. Bank Ltd. .......... Appellant Chathamangalam P.O., Nit, Kozhikode 673601 [Pan: Aabac5862C] Vs. Acit, Circle 2(1), Kozhikode .......... Respondent Appellant By: ------- None ------- Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 28.05.2025 Date Of Pronouncement: 23.06.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 30.05.2023 For Assessment Year (Ay) 2015-16. 2. Brief Facts Of The Case Are That The Appellant Is A Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. It Is Engaged In The Business Of Banking. The Return Of Income For Ay 2015-16 Was Filed On 12.03.2016 Declaring Income Of Rs. 94,93,792/- & The Same Was Claimed As Deduction U/S. 80P Of The Income Tax Act, 1961 (The Act). Against The Said Return Of Income

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 80P

outset, there is a delay of 545 days in filing the present appeal. The appellant had filed a petition seeking condonation of delay. The only reason given by the appellant is that the work was outsourced to an outside agency. No details, such as the name of the agency, evidence

Bharat Kumar Agrawal, Raipur vs. ITO, Ward-4(1), Raipur

In the result, all the appeals of the assessee are

ITA 110/RPR/2026[2022-23]Status: DisposedITAT Raipur20 Mar 2026AY 2022-23

Bench: Shri Partha Sarathi Chaudhury & Shri Avdhesh Kumar Mishraआयकर अपील सं. / Ita No.110/Rpr/2026 निर्धारण वर्ष / Assessment Year : 2022-23 Bharat Kumar Agrawal Opp. Om Hospital, Purani Basti, Raipur (C.G.) Pan: Acjpa4289L ........अपीलार्थी / Appellant बनाम / V/S. The Income Tax Officer, Ward-4(1), Raipur (C.G.) ......प्रत्यर्थी / Respondent Assessee By : Shri Prafulla Pendse, Ca Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20.03.2026 घोषणा की तारीख / Date Of Pronouncement : 20.03.2026 2 Bharat Kumar Agrawal Vs. Ito, Ward-4(1), Raipur (C.G.)

For Appellant: Shri Prafulla Pendse, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 250

No.110/RPR/2026 Before the Commissioner of Income Tax Appeals) In the matter of Shri Bharat Kumar Agrawal for AY 2022-2023 Affidavit for Condonation of Delay in filing before Hon'ble Income Tax Appellate Tribunal, Raipur Bench against the order framed under section 250 dated ... Kumar Agrawal Vs. ITO, Ward-4(1), Raipur (C.G.) ITA No.110/RPR/2026 3. The Ld. Sr. DR did not raise any objection regarding the condonation of delay. 4. Considering the contents of the condonation petition a/w. affidavit and relying on various judicial pronouncements viz. (i) Collector, Land Acquisition Vs. Mst. Katiji