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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

Baljit Singh, Rupnagar vs. Income Tax Officer, Ward-2(2), Ropar

In the result, appeal of the assessee is allowed

ITA 295/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh16 Jul 2025AY 2017-18

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 295/Chd/2025 "नधा"रण वष" / Assessment Year : 2017-18 बनाम Shri Baljit Singh, The Ito, Village Chalaki Tejpur, Ward 2(2), Vs Chamkaur Sahib, Ropar. Ropar (Punjab). "थायी लेखा सं./Pan /Tan No: Fhnps5198J अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Shri Parikshit Aggarwal, Ca राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit Sr. Dr तार"ख/Date Of Hearing : 15.07.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 16.07.2025

For Appellant: Shri Parikshit Aggarwal, CAFor Respondent: Shri Vivek Vardhan, Addl. CIT Sr. DR
Section 249Section 253Section 3Section 5

Registry has pointed out that appeal is time barred by 424 days. The assessee has filed an application for condonation of delay which is placed in the Paper Book from page Nos. 1 to 4. The assessee has filed an affidavit alongwith the application. It has been pleaded that ... also been used identically in sub- section 3 of section 249 of Income Tax Act, which provides powers to the ld. Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction

Red Rope Movement, Secunderabad vs. CIT (Exemption) Ward-1(3), Hyd

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

ITA 187/HYD/2025[2024-25]Status: HeardITAT Hyderabad16 Jul 2025AY 2024-25

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.187/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2024-25) Red Rope Movement Vs. Cit (Exemptions) Secunderabad Hyderabad Pan:Aaabr4096D (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ms.Chrysolyte Sanamanda & Ca Velan Sailas राज" व "ारा/Revenue By:: Shri Narender Kumar Naik, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 10/07/2025 घोषणा की तारीख/Pronouncement: 16/07/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 22/11/2024 Of The Learned Cit (Exemptions), For The 2024-25 Whereby The Application Of The Assessee For Approval U/S 80G(5) Of The Act Was Rejected.

For Appellant: Ms.Chrysolyte Sanamanda and CA Velan SailasFor Respondent: : Shri Narender Kumar Naik, CIT
Section 12ASection 80GSection 80G(5)

Rope Movement Secunderabad 2. There is a delay of 5 days in filing the present appeal. The assessee has filed an application for condonation of delay which is duly supported by an affidavit. 3. We have heard the learned AR as well as the learned DR on the condonation ... satisfied that the assessee was having a reasonable cause for the delay of 5 days in filing the present appeal. Accordingly, we condone the delay of 5 days in filing the present appeal. 4. The assessee has raised the following grounds of appeal: Page

Anil Singh, Kolkata vs. I.T.O., Ward - 49(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 531/KOL/2025[2017-2018]Status: DisposedITAT Kolkata16 Jul 2025AY 2017-2018

Bench: Shri George Mathanआयकर अपील सं/Ita No.531/Kol/2025 (नििाारण वर्ा / Assessment Year :2017-2018) Anil Singh Vs Ito Ward-49(1), Kolkata/Nfac 4, Railway Gate, Lalkuthi, Kamarhati, Kolkata Pan No. : Bflps 0954 J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Soumitra Choudhury, Advocate राजस्व की ओर से /Revenue By : Smt. Sima Das Biswas, Jcit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 16/07/2025 घोषणा की तारीख/Date Of Pronouncement : 16/07/2025 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, Dated 29.07.2024 For The Assessment Year 2017-2018. 2. Shri Soumitra Choudhury, Ld.Ar Appeared On Behalf Of The Assessee & Smt. Sima Das Biswas, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Barred By 168 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Stating Therein Sufficient Reasons For Delay, Which Are Plausible & Not Found To Be False. Ld. Sr.Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, Delay Of 168 Days In Filing The Present Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 4. It Was Submitted By The Ld. Ar That This Is A Case Of Reopening & Issuance Of Notice U/S.148 Of The Act. It Was The Submission That The Notice

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Smt. Sima Das Biswas, JCIT-Sr.DR
Section 148Section 148ASection 151

revenue. 3. The appeal of the assessee is barred by 168 days. In this regard, the assessee has filed an application for condonation of delay stating therein sufficient reasons for delay, which are plausible and not found to be false. Ld. Sr.DR also did not raise any serious objection ... condone the delay. Accordingly, delay of 168 days in filing the present appeal by the assessee is condoned and the appeal is admitted for hearing. 4. It was submitted by the ld. AR that this is a case of reopening and issuance of notice u/s.148

Sarnath Co-Op Housing Society Ltd, Mumbai vs. CIT(A), Mumbai

In the result, all the appeals filed by the assessee are

ITA 2550/MUM/2025[2020-21]Status: DisposedITAT Mumbai16 Jul 2025AY 2020-21

Bench: Shri Om Prakash Kant & Shri. Raj Kumar Chauhan1. Ita No. 2548/Mum/2025 (A.Y: 2013-14) 2. Ita No. 2549/Mum/2025 (A.Y: 2015-16) 3. Ita No. 2550/Mum/2025 (A.Y: 2020-21) Sarnath Co-Operative Housing Society Ltd. 59-B, Sarnath Co-Operative Housing Society Ltd, Bhulabhai Desai Road, Breach Candy, Mumbai-400 026 Pan: Aaaas3230K Ito Ward 15(1)(4), Vs. Mumbai. (Appellant) Assessee Represented By Department Represented By Date Of Conclusion Of Hearing Date Of Pronouncement : : : : (Respondent) Shri Pawan Choudhary, Ld. Ar Shri Pravin Salunkhe (Sr. Dr.) 02.07.2025 16.07.2025 Order Per Raj Kumar Chauhan (J.M.): 1. These Appeals Are Filed By The Appellant/Assessee Against The Separate Orders Dated 27.02.2025 Of Learned Commissioner Of Income Tax (Appeals)/Addl/Jcit (A)-4, Hyderabad [Hereinafter Referred To As The “Cit(A)"], Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act"] For The A.Y. 2013-14, 2015-16 & 2020-21 Respectively, Wherein The Appeals Of The Assessee Are Dismissed Being Barred By Limitation & The Ld. Cit(A) Has Refused To Condone The Delay Stating That The Assessee Has Failed To Show Sufficient Cause For Condonation Of Delay. 2. Since The Facts Of All The Appeals Filed By The Assessee Are Exactly Same, Parties Are Same, Also The Order Of The Same Date & The Matter Involved Is Also Similar Wherein The Assessee Has Challenged The Disallowance Of Interest Amount Earned From Deposit Of Interest With The Cooperative Banks & Was Claimed As Deduction U/S 80P(2)(D) Of The Act For The Different

Section 143(1)Section 250Section 80PSection 80P(2)(d)

respectively, wherein the appeals of the assessee are dismissed being barred by limitation and the Ld. CIT(A) has refused to condone the delay stating that the assessee has failed to show sufficient cause for condonation of delay. 2. Since the facts of all the appeals filed by the assessee ... examined the record. At the outset, Ld. AR on behalf of the assessee submitted that the assessee has shown sufficient cause for condonation of delay before the Ld. CIT(A) who did not consider the same and dismissed the appeal in limine without deciding on merit. It is further argued

Sarnath Co-Op Housing Society Ltd, Bhulabhai Desai vs. CIT(Appeal), Piramal Chamber

In the result, all the appeals filed by the assessee are

ITA 2548/MUM/2025[2013-14]Status: DisposedITAT Mumbai16 Jul 2025AY 2013-14

Bench: Shri Om Prakash Kant & Shri. Raj Kumar Chauhan1. Ita No. 2548/Mum/2025 (A.Y: 2013-14) 2. Ita No. 2549/Mum/2025 (A.Y: 2015-16) 3. Ita No. 2550/Mum/2025 (A.Y: 2020-21) Sarnath Co-Operative Housing Society Ltd. 59-B, Sarnath Co-Operative Housing Society Ltd, Bhulabhai Desai Road, Breach Candy, Mumbai-400 026 Pan: Aaaas3230K Ito Ward 15(1)(4), Vs. Mumbai. (Appellant) Assessee Represented By Department Represented By Date Of Conclusion Of Hearing Date Of Pronouncement (Respondent) Shri Pawan Choudhary, Ld. Ar Shri Pravin Salunkhe (Sr. Dr.) 02.07.2025 16.07.2025 Order Per Raj Kumar Chauhan (J.M.): 1. These Appeals Are Filed By The Appellant/Assessee Against The Separate Orders Dated 27.02.2025 Of Learned Commissioner Of Income Tax (Appeals)/Addl/Jcit (A)-4, Hyderabad [Hereinafter Referred To As The “Cit(A)"], Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act"] For The A.Y. 2013-14, 2015-16 & 2020-21 Respectively, Wherein The Appeals Of The Assessee Are Dismissed Being Barred By Limitation & The Ld. Cit(A) Has Refused To Condone The Delay Stating That The Assessee Has Failed To Show Sufficient Cause For Condonation Of Delay. 2. Since The Facts Of All The Appeals Filed By The Assessee Are Exactly Same, Parties Are Same, Also The Order Of The Same Date & The Matter Involved Is Also Similar Wherein The Assessee Has Challenged The Disallowance Of Interest Amount Earned From Deposit Of Interest With The Cooperative Banks & Was Claimed As Deduction U/S 80P(2)(D) Of The Act For The Different

Section 143(1)Section 250Section 80PSection 80P(2)(d)

respectively, wherein the appeals of the assessee are dismissed being barred by limitation and the Ld. CIT(A) has refused to condone the delay stating that the assessee has failed to show sufficient cause for condonation of delay. 2. Since the facts of all the appeals filed by the assessee ... examined the record. At the outset, Ld. AR on behalf of the assessee submitted that the assessee has shown sufficient cause for condonation of delay before the Ld. CIT(A) who did not consider the same and dismissed the appeal in limine without deciding on merit. It is further argued