← All Phrases

“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

Suvendu Chatterjee, Kolkata vs. D.C.I.T., Circle-48, Kolkata

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

ITA 2690/KOL/2024[2012-13]Status: DisposedITAT Kolkata24 Jul 2025AY 2012-13

Bench: Shri George Mathanआयकर अपील सं/Ita No.2690/Kol/2024 (नििाारण वर्ा / Assessment Year :2012-2013) Suvendu Chatterjee, Vs Dcit, Circle-48, Kolkata 8D, Krishna Laha Lane, 1St Floor, Near Aituc Office, Kolkata-700012 Pan No. : Acbpc 4347 B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Miraz D. Shah, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri Shankar Naskar, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 24/07/2025 घोषणा की तारीख/Date Of Pronouncement : 24/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 06.04.2018 Passed By The Ld. Cit(A)-14, Kolkata For The Assessment Year 2012-2013. 2. Shri Miraj D. Shah, Ld.Ar Appeared On Behalf Of The Assessee & Shri Shankar Naskar, Ld. Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Delayed By 92 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Sufficient Reasons Which Are Plausible & Not Found To Be False. Accordingly, The Delay Of 92 Days Is Condoned & The Appeal Is Admitted For Hearing. 4. It Was Submitted By The Ld. Ar That The Ao Has Made Disallowance Of Rs.19,55,401/- Representing Alleged Service Tax Received But Not Deposited To The Account Of The Government. Consequently, The Ao Has Added The Same As The Income Of The Assessee. It Was The Submission That 2 The Ld. Cit(A) Has Confirmed The Order Of The Ao Without Considering The Submission Of The Assessee That The Assessee Has Not Received The Said Service Tax Amount. The Assessee Has Also Filed An Affidavit Before Me Which Reads As Under :-

For Respondent: Shri Shankar Naskar, Sr. DR

revenue. 3. The appeal of the assessee is delayed by 92 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating sufficient reasons which are plausible and not found to be false. Accordingly, the delay of 92 days is condoned

Aa520 Veerampalayam Pacs Ltd., Erode vs. ITO, Ward-2(1), Erode

In the result, the appeal filed by the assessee is allowed

ITA 593/CHNY/2025[2020-21]Status: DisposedITAT Chennai24 Jul 2025AY 2020-21

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:593/Chny/2025 िनधा"रण वष" / Assessment Year: 2020-21 Aa520 Veerappampalayam Ito, Primary Agricultural Co-Operative Vs. Ward -2 (1), Society Ltd., Erode. 1, Aa520, Veerappampalayam, Veerappampalayam Bo, Attavanai Hanumanpalli, Erode – 638 101. [Pan:Aadaa-8893-M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Ms. G. Vardini Karthik, Advocate ""थ" की ओर से/Respondent By : Shri. Kumar Chandan, Jcit (Virtual)

For Appellant: Ms. G. Vardini Karthik, AdvocateFor Respondent: Shri. Kumar Chandan, JCIT (Virtual)
Section 119(2)(b)Section 139(1)Section 139(4)Section 2(6)Section 80PSection 80P(2)(a)Section 80P(2)(d)

return of income within the time frame prescribed under section 139(4) of the Income Tax Act, 1961. B. Circular No.13/2023 allows condonation of delay for deduction u/s. 80P 2) The CIT(A) failed to see that CBDT had issued a Circular No. 13/2023 dated 26.07.2023 allowing the co-operative ... societies to claim deduction u/s 80P by filing condonation of delay Petition u/s.119(2)(b) to treat the return as filed u/s 139(1). Concept of Members and Deduction u/s.80P 3) The CIT(A) refused to hear the case on merits and failed to appreciate that the appellant