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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

S B Construction, Angul vs. Deputy Commissioner of Income Tax, Circle-1(1), Bhubaneswar

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

ITA 396/CTK/2025[2017-18]Status: DisposedITAT Cuttack13 Aug 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.396/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) S B Construction Vs Dcit, Circle-1(1), Bhubaneswar Karadei, Bijigol, Talcher,Angul 759117 Pan No. : Aawfs 7521 A (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 132 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 132 days in filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 2 3. It was submitted by the ld AR that the ld. CIT(A) has dismissed the appeal of the assessee without providing

Kali Prasanna Parida, Paradeep vs. ITO, Ward, Paradeep

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

ITA 395/CTK/2025[2017-18]Status: DisposedITAT Cuttack13 Aug 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.395/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Kali Prasanna Parida Vs Ito, Paradeep Ward, Paradeep Baingol Tentukipada, Paradeep, Jagatsinghhpur, 754136 Pan No. : Caapp 4198 L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Biswaraj Raul, 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 Biswaraj Raul, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR

appeal of the assessee is barred by 404 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 404 days in filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 2 3. It was submitted by the ld AR that the ld. CIT(A) has dismissed the appeal of the assessee without providing

Shiva Kesava Mahasannidhanam Kokapeta, Ranga Reddy vs. CIT (Exemption), Hyderabad

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 930/HYD/2025[-]Status: DisposedITAT Hyderabad13 Aug 2025

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.929 & 930/Hyd/2025 (िनधा"रण वष"/Assessment Year: Na) Shiva Kesava Vs. Cit (Exemptions) Mahasannidhanan, Hyderabad Kokapeta, R.R. Distt. Pan:Aamts0303E (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Pawan Kumar Chakrapani, Ca राज" व "ारा/Revenue By:: Shri Ravindra Kumar Naik, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 12/08/2025 घोषणा की तारीख/Pronouncement: 13/08/2025 आदेश/Order Per Vijay Pal Raothese 2 Appeals By The Assessee Are Directed Against The Separate Orders Of The Learned Cit (Exemptions), Hyderabad Both Dated, 20/11/2024 Whereby The Application Of The Assessee For Registration U/S 12Ab & Approval U/S 80G(5) Of The I.T. Act Were Dismissed.

For Appellant: Shri Pawan Kumar Chakrapani, CAFor Respondent: : Shri Ravindra Kumar Naik, CIT(DR)
Section 12ASection 80GSection 80G(5)

dismissed. 2. There is a delay of 118 days in filing both the appeals by the assessee. The assessee has filed petition for condonation of delay which are supported by the affidavits of the assessee. Page 1 of 6 ITA Nos 929 and 930 of 2025 Shiva Kesava Mahasannidhanam ... have heard the learned Counsel for the assessee as well as the learned DR on the condonation of delay and carefully perused the reasons explained in the petition for delay in filing these appeals. The assessee has explained the cause of delay that the impugned orders passed

Shiva Kesava Mahasannidhanam Kokapeta, Ranga Reddy vs. CIT(Exemption), Hyderabad

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 929/HYD/2025[-]Status: DisposedITAT Hyderabad13 Aug 2025

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.929 & 930/Hyd/2025 (िनधा"रण वष"/Assessment Year: Na) Shiva Kesava Vs. Cit (Exemptions) Mahasannidhanan, Hyderabad Kokapeta, R.R. Distt. Pan:Aamts0303E (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Pawan Kumar Chakrapani, Ca राज" व "ारा/Revenue By:: Shri Ravindra Kumar Naik, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 12/08/2025 घोषणा की तारीख/Pronouncement: 13/08/2025 आदेश/Order Per Vijay Pal Raothese 2 Appeals By The Assessee Are Directed Against The Separate Orders Of The Learned Cit (Exemptions), Hyderabad Both Dated, 20/11/2024 Whereby The Application Of The Assessee For Registration U/S 12Ab & Approval U/S 80G(5) Of The I.T. Act Were Dismissed.

For Appellant: Shri Pawan Kumar Chakrapani, CAFor Respondent: : Shri Ravindra Kumar Naik, CIT(DR)
Section 12ASection 80GSection 80G(5)

dismissed. 2. There is a delay of 118 days in filing both the appeals by the assessee. The assessee has filed petition for condonation of delay which are supported by the affidavits of the assessee. Page 1 of 6 ITA Nos 929 and 930 of 2025 Shiva Kesava Mahasannidhanam ... have heard the learned Counsel for the assessee as well as the learned DR on the condonation of delay and carefully perused the reasons explained in the petition for delay in filing these appeals. The assessee has explained the cause of delay that the impugned orders passed

Gunapalan Mallinathan, Ranipet vs. ITO, Ward-2, Vellore

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

ITA 665/CHNY/2025[2020-21]Status: DisposedITAT Chennai13 Aug 2025AY 2020-21

Bench: Shri George George Kand Shri Amitabh Shuklaआयकर अपील सं./Ita No.: 665/Chny/2025 िनधा"रण वष"/Assessment Year:2020-21 Shri Gunapalan Mallinathan, The Income Tax Officer, No.21, Kaviarasu Kannadasan Vs. Ward 2, Street, Vellore. Sriramnagar, Valasaravakkam, Chennai – 600 087. Pan: Adipm 2621A (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T. Vasudevan, Advocate ""यथ" क" ओर से/Respondent By : Ms. Gowthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 11.08.2025 घोषणा क" तारीख/Date Of Pronouncement : 13.08.2025

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Ms. Gowthami Manivasagam, JCIT
Section 142(1)Section 250

been filed before ITAT on or before 31.12.2024. However, the appeal was filed belatedly on 03.03.2025. The assessee has filed a petition for condonation of delay and also supporting affidavit stating there in the reasons for belated filing of this appeal. The reasons stated for belated filing of this appeal ... view that there is sufficient cause for belated filing this appeal and no latches can be attributed to the assessee. Hence, we condone the delay of 62 days in filing this appeal and proceed to dispose off the appeal on merits. 4. Brief facts of the case are as follows

Tirupur South Rotary Charitable Trust, Coimbatore vs. ACIT, Exemptions, Coimbatore

In the result, all the grounds of appeal raised by the assessee are allowed for statistical purposes

ITA 1553/CHNY/2025[2022-23]Status: DisposedITAT Chennai13 Aug 2025AY 2022-23

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1553/Chny/2025 Assessment Years: 2022-23 Tirupur South Rotary Charitable Trust, Assistant Commissioner Of South Rotary Hall, Income Tax (Exemptions), Opp Nataraja Theatre, Tirupur, Coimbatore. Coimbatore, Tamil Nadu-641 604. [Pan: Aaett0308E] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri S.Bhupendran, Advocate प्रत्यर्थी की ओर से /Revenue By : Shri P.Krishna Kumar, Jcit सुनवाई की तारीख/Date Of Hearing : 12.08.2025 घोषणा की तारीख /Date Of Pronouncement : 13.08.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri S.Bhupendran, AdvocateFor Respondent: Shri P.Krishna Kumar, JCIT
Section 11Section 12ASection 143(1)Section 251(1)(a)Section 251(2)

with Circular 2/2020. Given the non-compliance with statutory requirements, the appeal is dismissed for statistical purposes. The appellant is advised to seek condonation of delay before the CIT for necessary relief, if applicable which shall pave way for reconsideration of exemption claim of appellant. The Assessing Officer may revisit ... appellant's claim of exemption in accordance with disposal of condonation of delay petition by the Ld CIT….” 5.0 As per brief factual matrix of the case is that a disallowance of Rs. 19 lakhs u/s 143(1) was made by CPC vide its order dated 02.06.2023. The apparent reason