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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

Shri Guru Gajadandeshwara Charitable Trust, Devarabhupur, Lingasagur vs. The Income Tax Officer, Exemption, Exemption Ward-1, Kalburgi

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

ITA 502/BANG/2025[2025-26]Status: DisposedITAT Bangalore30 Jul 2025AY 2025-26

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: Na Shri Guru Gajadandeshwara Charitable Trust 1 Devarabhupur Post Devabhupur Cit (Exemption) Lingasugur Vs. Ward-1 Raichur 584 139 Kalburgi Karnataka Pan No : Aazts9450P Appellant Respondent Appellant By : Sri Ramanagowda S Gowdari, A.R. Respondent By : Sri Sridhar E., D.R. Date Of Hearing : 15.05.2025 Date Of Pronouncement : 30.07.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld. Cit (Exemption) Dated 26.9.2024 Vide Din & Order No. Itba/Exm/F/Exm45/2024-25/1069118346(1) Cancelling The Approval U/S 80G Of The Act Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sri Ramanagowda S Gowdari, A.RFor Respondent: Sri Sridhar E., D.R
Section 253(5)Section 80G

appeal before this Tribunal. The ld. A.R. of the assessee also drew our attention to an affidavit in original dated 1.5.2025 for condonation of delay sworn before the notary public which are reproduced below for ease of reference and convenience: Shri Guru Gajadandeshwara Charitable Trust, Raichur Page ... that the delay is unintentional and no benefit can be attributed to the assessee in filing the appeal belatedly. He thus prayed to condone the delay and requested to consider the issues raised by the assessee on merits. 5. On the contrary the ld. D.R. vehemently objected for granting

Prasad Narayan Dhulap, Kamothe Panvel vs. Income Tax Officer Ward 27(2)(1), Vashi Navi Mumbai

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

ITA 4120/MUM/2025[2011-2012]Status: DisposedITAT Mumbai30 Jul 2025AY 2011-2012

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No.4120/Mum/2025 (निर्धारण वर्ा/Assessment Year :2011-12) Prasad Narayan Dhulap V/S. Income Tax Officer Ward Flat No. A/801, Satyam बिधम 27(2)(1), Mumbai Arcade Plot No. 26 Sector It Office, Vashi Railway 21 Kamothe, Panvel Station Building, Navi 410209 Mumbai 400703 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Axtpd5548C Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी निर्ााररती की ओर से /Assessee By: Ms. Anuradha K. Jethi रधजस्व की ओर से /Revenue By: Shri. Bhagirath Ramawat (Sr Dr) सुिवधई की िधरीख / Date Of Hearing 28.07.2025 घोर्णध की िधरीख/Date Of Pronouncement 30.07.2025

For Appellant: Ms. Anuradha K. JethiFor Respondent: Shri. Bhagirath Ramawat (SR
Section 144Section 148Section 250Section 271(1)(c)Section 69A

Prasad Narayan Dhulap 4. At the outset it is noticed that the appeal is delayed by 655 days. An affidavit or condonation of delay has been filed by the assessee explaining the circumstances resulting in the inordinate delay. Ld. AR has submitted that the assessee was around 19 years ... there is no plausible explanation supported by the documentary evidence to justify the inordinate delay in filing of appeal and therefore, request for condonation of delay ought to be rejected. 5. We have heard the rival submissions and perused the material available on record. Considering the totality of the facts

Shiv Pratap Singh Kunwar, Uttar Pradesh vs. Jurisdictional Assessing Officer, Circle 1(1)(1) Meerut, Range-14, Uttar Pradesh

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

ITA 85/DEL/2025[2019-2020]Status: DisposedITAT Delhi30 Jul 2025AY 2019-2020

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2019-20] Shiv Pratap Singh Kunwar, Vs Jurisdictional Assessing 508, Begum Bagh, Meerut, Officer, Circle-1(1)(1), Uttar Pradesh-250001 Range-14, Meerut, Pan-Afmpk3273Q Uttar Pradesh-250001 Appellant Respondent Appellant By Shri Hemant Jain, Adv. Respondent By Shri Ajay Kumar Arora, Sr.Dr Date Of Hearing 15.07.2025 Date Of Pronouncement 30.07.2025 Order Per Manish Agarwal, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Dated 29.11.2023 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Nfac/2018-19/10029654 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Pertaining To Assessment Year 2019-20. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Engaged In The Business Of Security Agency. The Appellant Filed His Return Of Income On 17.08.2020, Declaring Total Income Of Inr 46,84,309/- & The Same Was Assessed U/S 143(1) On 11-12-2020 At The Income Of Rs.87,33,921/- Wherein The Cpc Made The Disallowance On Account Of Delayed Payment Of Employees Contribution Towards Pf/Esi U/S 36(1)(Va) Of The Act. 3. Against This Order, The Assessee Preferred Appeal Before Ld.Cit(A) Who Dismissed The Appeal Of The Assessee Vide Impugned Order Dated 29.11.2023 Thus, The Assessee Is In Appeal Before Us.

Section 143(1)Section 250Section 36(1)(va)

delay is not malafide and requested for condonation of the same. He placed reliance on the following judgements and prayed for the condonation of delay:- Collector of Land Acquisition vs Mst . Katiji & Ors. 167 ITR 471 (i) Vijay Vishin Meghani, vs The DCIT 398 ITR 250 (Bom.) (ii) Just Steels ... Ludhiana vs Ujagar Singh & Ors. in Civil Appeal No.2395/2008 5. On the other hand, ld. Sr. DR for the Revenue vehemently opposed the condonation of delay and submits that there is inordinate delay of 338 days and no proper explanation is given except ill health of the assessee which also