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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

Maisali Samabay Krishi Unnayan Samity Ltd., Contai, East Medinipore vs. I.T.O., Ward - 27(2), Haldia

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

ITA 1666/KOL/2024[2018-2019]Status: DisposedITAT Kolkata04 Aug 2025AY 2018-2019

Bench: Shri George Mathanआयकर अपील सं/Ita No.1666/Kol/2025 (नििाारण वर्ा / Assessment Year. :2018-2019) Maisali Samabay Krishi Unnayan Vs Adit, Cpc, Bangalore Samity Limited, C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor Kolkata-700069 Pan No. : Aadam 3104 B (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Siddharth Agrawal, Advocate राजस्व की ओर से /Revenue By : Shri Mrinmoy Basak, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 04/08/2025 घोषणा की तारीख/Date Of Pronouncement : 04/08/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-2019. 2. Shri Siddharth Agrawal, Ld. Ar Appeared On Behalf Of The Assessee & Shri Mrinmoy Basak, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Barred By 1155 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein That Sri Bhaskar Chandra Patra, Who Used To Look After The Income Tax Matter Of The Assessee Was Suffering From Jaundice & Remained Absent From Office Of The Assessee For A Long Time & When He Joined To Office, There Was Already Delay In Filing The Appeal Against The Order Of The Ld. Cit(A) Before The Tribunal. The Contents Of The Affidavit Are As Under :-

For Appellant: Shri Siddharth Agrawal, AdvocateFor Respondent: Shri Mrinmoy Basak, Sr. DR

revenue. 3. The appeal of the assessee is barred by 1155 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein that Sri Bhaskar Chandra Patra, who used to look after the income tax matter of the assessee was suffering ... submission of the ld.AR that the delay may kindly be condoned. 5. A perusal of the application of the assessee for condonation of delay supported with affidavit, it is found that the reasons given in the affidavit for delay are plausible and not found to be false. Accordingly, the delay

Income Tax Officer, Income Tax Office, Feroj Khimjibhai Complex, Belagavi vs. S G Copper Products Pvt Ltd, Vaze Galli, M Vadgaon, Bgm

In the result, the appeal filed by the revenue and the cross objections of the assessee are allowed for statistical purposes

ITA 166/PAN/2023[2017-18]Status: DisposedITAT Panaji01 Aug 2025AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.166/Pan/2023 & C.O.No.4/Pan/2024 (A.Y. 2017-18 ) I T O Ward -1 Vs S G Copper Products Civil Hospital Road, Pvt Limited, . Belgaum-590001. 125/A, Vazegalli, Karnataka. Vadgaon, Belgaum-590005, Karnataka. Pan .No. Aancs3201P (अपीलाथ"/Appellant) (""यथ"/Respondent) Revenue By Smt.Rijula Uniyal .Sr.Dr Assessee By Shri. Mahantesh K Hospeth.Ar सुनवाई क" तार"ख/Date Of Hearing 31.07.2025 घोषणा क" तार"ख/Date Of Pronouncement 01.08.2025 Order Per Bench: The Appeal Is Filed By The Revenue Against The Order Of The Nfac Delhi/Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. & The Assessee Has Filed Cross Objection. 2.At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Cross Objections Before The Hon’Ble Tribunal & The Assesse Has Filed An Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned Are Reasonable & The Ld. Dr Has No Specific Objections. Accordingly, We Condone The Delay & Admit The Cross Objections. The Revenue Has Raised

that there is a delay in filing the Cross Objections before the Hon’ble Tribunal and the assesse has filed an affidavit for condonation of delay. Whereas, the facts mentioned are reasonable and the Ld. DR has no specific objections. Accordingly, we condone the delay and admit the Cross objections

Krishna Developers, Junagadh vs. The Joint Commissioner of Income Tax Junagadh Range, Junagadh

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

ITA 425/RJT/2024[2012-13]Status: DisposedITAT Rajkot01 Aug 2025AY 2012-13

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.425/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2012-13) (Hybrid Hearing) Krishna Developers Vs. The Joint Commissioner Of Income 1St Floor, Business Centre, Bud Stand, Tax Junagadh Range, L.B.S. Society, Income Tax Office, Junagadh – 362210 Junagadh "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefk0952H (Appellant) (Respondent) Appellant By : Shrimehul Ranpura, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 04/06/2025 Date Of Pronouncement : 01/08/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm:

For Appellant: ShriMehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 145(3)Section 250Section 44A

outset, that the appeal filed late by 437 days. The Ld. AR of the assessee has filed an application for condonation of delay, supported by Affidavit. The crux of the application for delay is as under; “Our firm is discontinued w.e.f. 26/08/2023 With the discontinue of firm, our contact details ... appeal, after considering the reason explained by the Ld. AR. In the interest of justice, we take a judicious view that we condoned the delay in filing appeal by 437 days. 6. During the course of hearing, the Ld. AR of the assessee submitted that the assessee has discontinued w.e.f