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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

Geetha Selvam, Chennai vs. ITO, Ncw-10(2), Chennai

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

ITA 1319/CHNY/2025[2017-18]Status: DisposedITAT Chennai14 Aug 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1319/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Geetha Selvam, Vs. The Income Tax Officer, No.28, Sengundram, Anna Street, Non Corporate Ward 10(2), Redhills, Chennai 600 052. Chennai. [Pan:Avjpg1070A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 17.07.2025 घोषणा की तारीख /Date Of Pronouncement : 14.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 249 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 D. Anand, AdvocateFor Respondent: Ms. V. Supraja, Addl.CIT
Section 143(3)Section 154Section 69

year 2017-18. 2. We find that this appeal is filed with a delay of 249 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

Shri L. Uthayakumar, Chennai vs. ITO, Ward-4(4), Chennai

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

ITA 1288/CHNY/2025[2018-19]Status: DisposedITAT Chennai14 Aug 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1288/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Shri L. Uthayakumar, Vs. The Income Tax Officer, No. 2B, 2Nd Street Extn, Jainagar, Ward 4(4), Arumbakkam, Chennai 600 106. Chennai. [Pan:Aaapu7318P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 17.07.2025 घोषणा की तारीख /Date Of Pronouncement : 14.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)18, Chennai For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 247 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 Y. Sridhar, F.C.AFor Respondent: Ms. V. Supraja, Addl.CIT
Section 148Section 56(2)(vii)

year 2018-19. 2. We find that this appeal is filed with a delay of 247 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

St. Thomas Church, Mumbai vs. ITO Exemption Ward 2(4), Mumbai

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

ITA 296/MUM/2025[2022-23]Status: DisposedITAT Mumbai14 Aug 2025AY 2022-23

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 296/Mum/2025 (नििाारण वर्ा / Assessment Year: 2022-23) St Thomas Church V/S. Income Tax Officer 1, Church Road, बिाम (Exemptions) Ward 2(4), Goregaon (East), Mumbai Mumbai 400063 6Th Floor, Cumballa Hill, Mtnl Te Building, Pedder Road, Mumbai 400026. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaatt4878R Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Ms. Vasanti Patel-Adv राजस्व की ओर से /Revenue By: Shri Hemanshu Joshi, Cit Dr

For Appellant: Ms. Vasanti Patel-AdvFor Respondent: Shri Hemanshu Joshi, CIT DR
Section 11Section 11(2)Section 12A(1)(ac)Section 12A(1)(b)Section 143(1)Section 250

allowing benefit u/s 11(2) also does not arise. 5.3 The appellant was required to file petition before the jurisdictional Commissioner for condonation of delay in fling Form 10B and get the delay condoned by such authority. The appellant in its submission stated that although it had filed such petition ... with return of income is a procedural omission and cannot be an impediment in law in claiming the exemption, we allow this appeal condoning the delay in filing the Audit Report in Form No. 10B. However, we also upon condoning the delay, restore the matter to the file

V S Dempo Holdings Private Limited, Panaji-Goa vs. Asst. Commissioner of Income Tax, Circle One

ITA 146/PAN/2025[2019-20]Status: DisposedITAT Panaji13 Aug 2025AY 2019-20

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 146/Pan/2025 Assessment Year : 2019-20 V. S. Dempo Holdings Pvt. Ltd. Dempo House, Campal, Panaji, Goa-403001. Pan : Aaace4220P . . . . . . . Appellant V/S Asstt. Commissioner Of Income Tax, Circle-1(1), Panaji, Goa. . . . . . . . Respondent Appearances Assessee By : Mr Rohan Deshpande [‘Ld. Ar’] Revenue By : Capt. Pradeep Arya [‘Ld. Dr’] Date Of Conclusive Hearing : 12/08/2025 Date Of Pronouncement : 13/08/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Apl/S/250/2024-25/1074798262(1) Dt. 21/03/2025 Passed By Addl./Jt. Commissioner Of Income Tax Appeals-1, Hyderabad, [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income- Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Dt. 25/10/2020 Passed U/S 143(1) Of The Act By The Central Processing Centre, Bengaluru [‘Ld. Cpc’ Hereinafter] Anent To Assessment Year 2019-20 [‘Ay’ Hereinafter].

For Appellant: Mr Rohan Deshpande [‘Ld. AR’]For Respondent: Capt. Pradeep Arya [‘Ld. DR’]
Section 143(1)Section 246ASection 249Section 250

file to Ld. NFAC at the stage of its institution with a direction to deal therewith de-novo and decide on (i) condonation of delay in instituting appeal u/s 246A of the Act & consequential admission or dismissal of appeal (ii) if admitted deal therewith de-novo on merits in accordance

Sankar Charan Marandi, Mayurbhanj vs. ACIT, Baleshwar

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

ITA 409/CTK/2025[2017-18]Status: DisposedITAT Cuttack13 Aug 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.409/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Sankar Charan Marandi Vs Acit, Baleswar Sukhuapada, Kuliana, Mayurbhnaj-757030 Pan No. : Ahxpm 6042 L (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 27.11.2024 Passed In Appeal No.Cit(A),Cuttack/10628/2019-20 For The Assessment Year 2017-2018. 2. The Appeal Of The Assessee Is Barred By 172 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay, Which Are Plausible & Not Found To Be False. Ld. Sr. Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, Delay Of 172 Days In Filing The Present Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 3. None Appeared On Behalf Of The Assessee Even The Case Was Called For Hearing. Shri Vijay Singh, Ld.Sr. Dr Appeared On Behalf Of The Revenue.

For Appellant: NoneFor Respondent: Shri Vijay Singh, Sr. DR

appeal of the assessee is barred by 172 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reasons for delay, which are plausible and not found to be false. Ld. Sr. DR also did not raise any serious ... objection to condone the delay. Accordingly, delay of 172 days in filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 3. None appeared on behalf of the assessee even the case was called for hearing. Shri Vijay Singh, ld.Sr. DR appeared on behalf

Baner Service Cooperative Society Limited, Kalahandi vs. ITO, Bhawanipatna Ward, Bhawanipatna

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

ITA 403/CTK/2025[2016-17]Status: DisposedITAT Cuttack13 Aug 2025AY 2016-17

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.403/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2016-2017) Baner Service Cooperative Vs Ito, Bhawanipatana Ward, Society Limited Bhawanipatana Village-Baner, Jaipatana, Dist : Kalahandi-766018 Pan No. : Aabab 3113 H (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Sunil Agrawal Ca राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025

For Appellant: Shri Sunil Agrawal CAFor Respondent: Shri Vijay Singh, Sr.DR

appeal of the assessee is barred by 352 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reasons for delay, which are plausible and not found to be false. Ld. Sr. DR also did not raise any serious ... objection to condone the delay. Accordingly, delay of 352 days in 2 filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 3. It was submitted by the ld. AR of the assessee that the ld. CIT(A) has dismissed the appeal

Sagar Mining and Metals Industries Private Limited, Keonjhar vs. Income Tax Officer, Keonjhar Ward, Keonjhar

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

ITA 398/CTK/2025[2014-15]Status: DisposedITAT Cuttack13 Aug 2025AY 2014-15

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.398/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2014-2015) Sagar Mining & Metal Vs Ito, Ward Keonjhar Industries Private Limited, Near St. Teresa School, Sbi Road Joda, Keonjhar-758034 Pan No. : Aalcs 1743 E (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025

For Appellant: Shri P.R.Mohanty, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR

appeal of the assessee is barred by 102 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reasons for delay, which are plausible and not found to be false. Ld. Sr. DR also did not raise any serious ... objection to condone the delay. Accordingly, delay of 102 days in 2 filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 3. It was submitted by the ld AR that the ld. CIT(A) has dismissed the appeal of the assessee without providing

Milan Kumar Sahoo, Keonjhar vs. Income Tax Officer, Keonjhar

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

ITA 397/CTK/2025[2017-18]Status: DisposedITAT Cuttack13 Aug 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.397/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Milan Kumar Sahoo, Vs Ito Keonjhar Naranpur, Keonjhar, Odisha Pan No. :Bplps 3631 G (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2025 घोषणा की तारीख/Date Of Pronouncement : 13/08/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 13.11.2024 Passed In Appeal No.Cit(A), Cuttack/10502/2019-20 For The Assessment Year 2017-2018. 2. The Appeal Of The Assessee Is Barred By 160 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay, Which Are Plausible & Not Found To Be False. Ld. Sr. Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, Delay Of 160 Days In Filing The Present Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 3. None Appeared On Behalf Of The Assessee. Shri Vijay Singh, Sr. Dr Appeared On Behalf Of The Revenue.

For Appellant: NoneFor Respondent: Shri Vijay Singh, Sr.DR

appeal of the assessee is barred by 160 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reasons for delay, which are plausible and not found to be false. Ld. Sr. DR also did not raise any serious ... objection to condone the delay. Accordingly, delay of 160 days in filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 3. None appeared on behalf of the assessee. Shri Vijay Singh, Sr. DR appeared on behalf of the revenue