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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

Late Bhauso Gunda Patil Legal Heir Shri Shashikant Patil, Tasgaon vs. ITO, Ward 4, Sangli

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

ITA 647/PUN/2025[2012-13]Status: DisposedITAT Pune30 Jul 2025AY 2012-13

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.647/Pun/2025 िनधा"रण वष" / Assessment Year: 2012-13 Late Bhauso Gunda Patil Legal V The Income Tax Officer, Heir Shri Shashikant Patil, S Ward-4, Sangli. At Post Khatav Brahmanal, Tal-Tasgaon, Maharashtra- 416423. Pan: Apipp7148F Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Eknath Abhang –Addl.Cit(Dr) Date Of Hearing 24/07/2025 Date Of Pronouncement 30/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Shri Shashikant Patil As Legal Heir Of Late Bhauso Gunda Patil Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2012-13 Dated 26.10.2023, Emanating From Order U/S.144 Of The Income Tax Act, 1961, Dated 28.11.2019. The Assessee Has Raised Following Grounds Of Appeal :

Section 144Section 250Section 69A

result, appeal of the assessee is allowed for statistical purpose. Delay : The Legal Hier of the Assessee filed an Affidavit for condonation of Delay. We have perused the Affidavit. Substantial justice is more important than procedural delay. Therefore, we are convinced that there was sufficient and reasonable cause for delay

Dadasaheb Tirodkar Shaikshanik Academy, Sindhudurg vs. Itod Exemption Ward, Kolhapur

In the result, appeal of the assessee is partly allowed

ITA 1016/PUN/2025[2017-18]Status: DisposedITAT Pune30 Jul 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1016/Pun/2025 निर्धारण वर्ष / Assessment Year: 2017-18 | Dadasaheb Tirodkar V | The Income Tax Officer, Shaikshanik Academy, S Exemption Ward, Pandurtitha Pandur, Kudal, Kolhapur. Maharashtra. Sindhudurg - 416520. Pan: Aactd5657Q Appellant/ Assessee Respondent / Revenue Assessee By Revenue By Date Of Hearing Date Of Pronouncement Shri Nikhil Pathak & Shri Mayuresh Doshi – Ar'S Shri Eknath Abhang –Addl.Cit(Dr) 23/07/2025 30/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal), Udaipur Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 27.02.2025, Emanating From Order U/S.154 R.W.S 143(1) Of The Income Tax Act, 1961, Dated 09.07.2024. The Assessee Has Raised Following Grounds Of Appeal :

Section 10Section 10(21)Section 10(228)Section 10(24)Section 10(46)Section 10(47)Section 11Section 11(3)Section 13ASection 13B

mandatory on the part of the appellant to file the Form No.10B in due time or get a condonation of delay in filing the Form 10B from the CIT(Exemptions). The AO cannot allow the deductions u/s.11 / 10(23C) on facts and in circumstances of the law except when ... Court directs under alternative remedy or the CIT(Exemptions) condones the delay u/s 119(2)(b) of the Act. Keeping in view of the above, I am of the opinion that the AO has rightly denied exemption u/s 11 / 10(23C) of the I.T. Act and rightly determined total income