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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

Sanjoy Kar, Tamluk vs. Assessing Officer, Haldia

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

ITA 1240/KOL/2025[2017-18]Status: HeardITAT Kolkata07 Aug 2025AY 2017-18

Bench: Shri George Mathanआयकर अपील सं/Ita No.1240/Kol/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) Sanjoy Kar Vs Ito Haldia Ratnali, Ward No.03, Radhaballavpur, Tamluk, Purba Medinipur-721627 Pan No. : Atvpk 8271 H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Aman Uddin Mallick, Ca राजस्व की ओर से /Revenue By : Shri Somnath Das Biswas, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/08/2025 घोषणा की तारीख/Date Of Pronouncement : 07/08/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A), National Faceless Appeal Centre, Delhi, Dated 10.05.2023 For The Assessment Year 2017-2018. 2. Shri Aman Uddin Mallick, Ld. Ar Appeared On Behalf Of The Assessee & Shri Somnath Das Biswas, Ld. Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Delayed By 675 Days. In This Regard, The Assessee Has Filed Application For Condonation Of Delay Stating Therein Sufficient Reasons Which Are Plausible & Not Found To Be False. Accordingly, The Delay Of 675 Days In Filing The Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 4. It Was The Submission Of The Ld.Ar That The Ld. Cit(A) Has Passed The Impugned Order Ex-Parte Without Affording Sufficient Opportunity Of Being Heard To The Assessee. It Was The Prayer Of The Ld. Ar That If One More

For Appellant: Shri Aman Uddin Mallick, CAFor Respondent: Shri Somnath Das Biswas, Sr. DR

revenue. 3. The appeal of the assessee is delayed by 675 days. In this regard, the assessee has filed application for condonation of delay stating therein sufficient reasons which are plausible and not found to be false. Accordingly, the delay of 675 days in filing the appeal by the assessee

Relax Tradecom Pvt. Ltd., Kolkata vs. I.T.O., Ward - 45(2), Kolkata

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

ITA 1231/KOL/2025[2011-2012]Status: HeardITAT Kolkata07 Aug 2025AY 2011-2012

Bench: Shri George Mathanआयकर अपील सं/Ita No.1231/Kol/2025 (नििाारण वर्ा / Assessment Year : 2011-2012) Relax Tradecom Private Limited Vs Ito Ward-45(2), Kolkata C/O M/S Marodia Khanna & Associates, 62, Bansdroni Govt. Colony, 3Rd Floor, Kolkata Pan No. : Aadcr 6695 J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Ashok Barnwal, Ca राजस्व की ओर से /Revenue By : Shri Somnath Das Biswas, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/08/2025 घोषणा की तारीख/Date Of Pronouncement : 07/08/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A), National Faceless Appeal Centre, Delhi, Dated 13.01.2024 For The Assessment Year 2011-12. 2. Shri Ashok Barnwal, Ld. Ar Appeared On Behalf Of The Assessee & Shri Somnath Das Biswas, Ld. Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Delayed By 430 Days. In This Regard, The Assessee Has Filed Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons Which Are Plausible & Not Found To Be False. Accordingly, The Delay Of 430 Days In Filing The Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 4. It Was The Submission Of The Ld.Ar That The Ld. Cit(A) Has Passed The Impugned Order Ex-Parte Without Affording Sufficient Opportunity Of Being Heard To The Assessee. It Was The Prayer Of The Ld. Ar That If One More

For Appellant: Shri Ashok Barnwal, CAFor Respondent: Shri Somnath Das Biswas, Sr. DR

revenue. 3. The appeal of the assessee is delayed by 430 days. In this regard, the assessee has filed application for condonation of delay supported with an affidavit stating therein sufficient reasons which are plausible and not found to be false. Accordingly, the delay of 430 days in filing

Anjaniputra Tie-Up Pvt. Ltd., Kolkata vs. I.T.O., Ward - 4(3), Kolkata

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

ITA 1229/KOL/2025[2011-2012]Status: HeardITAT Kolkata07 Aug 2025AY 2011-2012

Bench: Shri George Mathanआयकर अपील सं/Ita No.1229/Kol/2025 (नििाारण वर्ा / Assessment Year : 2011-2012) Anjaniputra Tie-Up Private Limited, Vs Ito Ward-4(3), Kolkata C/O M/S Marodia Khanna & Associates, 62, Bansdroni Govt. Colony, 3Rd Floor, Kolkata Pan No. : Aagca 4588 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Ashok Barnwal, Ca राजस्व की ओर से /Revenue By : Shri Somnath Das Biswas, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/08/2025 घोषणा की तारीख/Date Of Pronouncement : 07/08/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A), National Faceless Appeal Centre, Delhi, Dated 17.05.2024 For The Assessment Year 2011-12. 2. Shri Ashok Barnwal, Ld. Ar Appeared On Behalf Of The Assessee & Shri Somnath Das Biswas, Ld. Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Delayed By 308 Days. In This Regard, The Assessee Has Filed Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons Which Are Plausible & Not Found To Be False. Accordingly, The Delay Of 308 Days In Filing The Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 4. It Was The Submission Of The Ld.Ar That The Ld. Cit(A) Has Passed The Impugned Order Ex-Parte Without Affording Sufficient Opportunity Of Being Heard To The Assessee. It Was The Prayer Of The Ld. Ar That If One More

For Appellant: Shri Ashok Barnwal, CAFor Respondent: Shri Somnath Das Biswas, Sr. DR

revenue. 3. The appeal of the assessee is delayed by 308 days. In this regard, the assessee has filed application for condonation of delay supported with an affidavit stating therein sufficient reasons which are plausible and not found to be false. Accordingly, the delay of 308 days in filing