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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

R.R. Developers, Paaschim Bardhaman vs. I.T.O., Ward - 1(1), Durgapur

In the result, appeal of the assessee is allowed

ITA 1344/KOL/2024[2017-2018]Status: DisposedITAT Kolkata03 Jul 2025AY 2017-2018

Bench: Shri George Mathanआयकर अपील सं/Ita No.1344/Kol/2024 (नििाारण वर्ा / Assessment Year :2017-2018) Rr Developers Vs The Income Tax Officer, Kajora More Ward 1(1), Durgapur-713216, P.O. Kajora, Dist.Paaschim West Bengal Bardhaman, Pin-713338, West Bengal Pan No. :Aatfr 5876 R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Somnath Ghosh, Adv. : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr राजस्व की ओर से /Revenue By सुनवाई की तारीख / Date Of Hearing : 03/07/2025 घोषणा की तारीख/Date Of Pronouncement : 03/07/2025 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 13.12.2023, Passed For The Assessment Year 2017-18. 2. Shri Somnath Ghosh, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Barred By 128 Day. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Sufficient Reasons For Delay Which Are Not Found False. Ld.Sr. Dr Also Did Not Raise Any Serious Objection. Accordingly, The Delay Of 128 Days In Filing The Appeal Is Condoned & The Appeal Of The Assessee Is Admitted For Hearing. 4. It Was Submitted By The Ld. Ar That The Notice Issued U/S.148 Of The Act On 09.07.2018 Was Unsigned. The Said Notice Reads As Follows :-

For Appellant: Shri Somnath Ghosh, Adv
Section 148

revenue. 3. The appeal of the assessee is barred by 128 day. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating sufficient reasons for delay which are not found false. Ld.Sr. DR also did not raise any serious objection. Accordingly

I M C of P C I T I (Women), Baripada vs. The Income Tax Officer, Ward-1, Baripada

In the result, appeals of the assessee stand allowed for statistical purposes

ITA 247/CTK/2025[2017-18]Status: DisposedITAT Cuttack02 Jul 2025AY 2017-18

Bench: S/Shri Duvvuru Rl Reddy(Kz) & Rajesh Kumarita No.244 To 247/Ctk/2025 Assessment Year : 2013-14 Assessment Year : 2014-15 Assessment Year : 2016-17 Assessment Year : 2017-18 I M C O F P C I T I (Women) Vs. Ito, Ward-1, Baripada Baripada, Mayurbhanj, 757001 Pan/Gir No. Aaaat 3691 J (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra, Ar Revenue By : Shri Prateek Kr Mishra, Sr. Dr Date Of Hearing : 02 /07/2025 Date Of Pronouncement : 02 /07/2025 O R D E R Per Bench The Present Appeals Are Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nafc), New Delhi Nfac), Delhi Dated 23/08/2024 In Appeal Nos.Nfac/2012-13/10166277, Nafc/2013-14/10166580, Nfac/2105- 16/10166581, Nfac/2016-17/10166582 Passed For Assessment Years 2013- 14, 2014-15, 2016-17, 2017-18, Respectively.

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri Prateek kr Mishra, Sr. DR

condonation petitions, we are satisfied that the assessee had sufficient cause for not filing the appeals within the stipulated period. Accordingly, we condone the delay of 174 days in all the appeals and admit for hearing. 4. At the time of hearing, ld AR of the assessee submitted that ... before the ld CIT(A), which are extracted at page 4 of the order, as under: 5. The ld CIT(A) did not condone the delay finding the reasons not plausible and accordingly, dismissed the appeals as not maintainable. It was submitted by ld AR the delay in filing

I M C of P C I T I (Women), Baripada vs. The Income Tax Officer, Ward-1, Baripada

In the result, appeals of the assessee stand allowed for statistical purposes

ITA 246/CTK/2025[2016-17]Status: DisposedITAT Cuttack02 Jul 2025AY 2016-17

Bench: S/Shri Duvvuru Rl Reddy(Kz) & Rajesh Kumarita No.244 To 247/Ctk/2025 Assessment Year : 2013-14 Assessment Year : 2014-15 Assessment Year : 2016-17 Assessment Year : 2017-18 I M C O F P C I T I (Women) Vs. Ito, Ward-1, Baripada Baripada, Mayurbhanj, 757001 Pan/Gir No. Aaaat 3691 J (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra, Ar Revenue By : Shri Prateek Kr Mishra, Sr. Dr Date Of Hearing : 02 /07/2025 Date Of Pronouncement : 02 /07/2025 O R D E R Per Bench The Present Appeals Are Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nafc), New Delhi Nfac), Delhi Dated 23/08/2024 In Appeal Nos.Nfac/2012-13/10166277, Nafc/2013-14/10166580, Nfac/2105- 16/10166581, Nfac/2016-17/10166582 Passed For Assessment Years 2013- 14, 2014-15, 2016-17, 2017-18, Respectively.

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri Prateek kr Mishra, Sr. DR

condonation petitions, we are satisfied that the assessee had sufficient cause for not filing the appeals within the stipulated period. Accordingly, we condone the delay of 174 days in all the appeals and admit for hearing. 4. At the time of hearing, ld AR of the assessee submitted that ... before the ld CIT(A), which are extracted at page 4 of the order, as under: 5. The ld CIT(A) did not condone the delay finding the reasons not plausible and accordingly, dismissed the appeals as not maintainable. It was submitted by ld AR the delay in filing

I M C of P C I T I (Women), Baripada vs. The Income Tax Officer, Ward-1, Baripada

In the result, appeals of the assessee stand allowed for statistical purposes

ITA 245/CTK/2025[2014-15]Status: DisposedITAT Cuttack02 Jul 2025AY 2014-15

Bench: S/Shri Duvvuru Rl Reddy(Kz) & Rajesh Kumarita No.244 To 247/Ctk/2025 Assessment Year : 2013-14 Assessment Year : 2014-15 Assessment Year : 2016-17 Assessment Year : 2017-18 I M C O F P C I T I (Women) Vs. Ito, Ward-1, Baripada Baripada, Mayurbhanj, 757001 Pan/Gir No. Aaaat 3691 J (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra, Ar Revenue By : Shri Prateek Kr Mishra, Sr. Dr Date Of Hearing : 02 /07/2025 Date Of Pronouncement : 02 /07/2025 O R D E R Per Bench The Present Appeals Are Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nafc), New Delhi Nfac), Delhi Dated 23/08/2024 In Appeal Nos.Nfac/2012-13/10166277, Nafc/2013-14/10166580, Nfac/2105- 16/10166581, Nfac/2016-17/10166582 Passed For Assessment Years 2013- 14, 2014-15, 2016-17, 2017-18, Respectively.

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri Prateek kr Mishra, Sr. DR

condonation petitions, we are satisfied that the assessee had sufficient cause for not filing the appeals within the stipulated period. Accordingly, we condone the delay of 174 days in all the appeals and admit for hearing. 4. At the time of hearing, ld AR of the assessee submitted that ... before the ld CIT(A), which are extracted at page 4 of the order, as under: 5. The ld CIT(A) did not condone the delay finding the reasons not plausible and accordingly, dismissed the appeals as not maintainable. It was submitted by ld AR the delay in filing

I M C of P C I T I (Women), Baripada vs. Income Tax Officer, Ward-1, Baripada

In the result, appeals of the assessee stand allowed for statistical purposes

ITA 244/CTK/2025[2013-14]Status: DisposedITAT Cuttack02 Jul 2025AY 2013-14

Bench: S/Shri Duvvuru Rl Reddy(Kz) & Rajesh Kumarita No.244 To 247/Ctk/2025 Assessment Year : 2013-14 Assessment Year : 2014-15 Assessment Year : 2016-17 Assessment Year : 2017-18 I M C O F P C I T I (Women) Vs. Ito, Ward-1, Baripada Baripada, Mayurbhanj, 757001 Pan/Gir No. Aaaat 3691 J (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra, Ar Revenue By : Shri Prateek Kr Mishra, Sr. Dr Date Of Hearing : 02 /07/2025 Date Of Pronouncement : 02 /07/2025 O R D E R Per Bench The Present Appeals Are Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nafc), New Delhi Nfac), Delhi Dated 23/08/2024 In Appeal Nos.Nfac/2012-13/10166277, Nafc/2013-14/10166580, Nfac/2105- 16/10166581, Nfac/2016-17/10166582 Passed For Assessment Years 2013- 14, 2014-15, 2016-17, 2017-18, Respectively.

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri Prateek kr Mishra, Sr. DR

condonation petitions, we are satisfied that the assessee had sufficient cause for not filing the appeals within the stipulated period. Accordingly, we condone the delay of 174 days in all the appeals and admit for hearing. 4. At the time of hearing, ld AR of the assessee submitted that ... before the ld CIT(A), which are extracted at page 4 of the order, as under: 5. The ld CIT(A) did not condone the delay finding the reasons not plausible and accordingly, dismissed the appeals as not maintainable. It was submitted by ld AR the delay in filing

Tapan Kumar Sethy, Cuttack vs. ITO, Ward-2(4), Cuttack

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

ITA 227/CTK/2025[2017-18]Status: DisposedITAT Cuttack02 Jul 2025AY 2017-18

Bench: S/Shri Duvvuru Rl Reddy(Kz) & Rajesh Kumarassessment Year : 2017-18 Tapan Kumar Sethy Vs. Ito, Ward-2(4), Purighat Road, Telenga Bazar , Cuttack Cuttack- 753009 Pan/Gir No. Blzps 1048 F (Appellant) .. ( Respondent) Assessee By : Shri Sudhanshu Kr Das, Ar Revenue By : Shri Prateek Kr Mishra, Sr. Dr Date Of Hearing : 02 /07/2025 Date Of Pronouncement : 02 /07/2025 O R D E R Per Bench The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nafc), New Delhi Nfac), Delhi Dated 15/06/2022 In Appeal No.Cit(A), Cuttack/10917/2019-20 Passed For Assessment Year 2017-18. 2. The Appeal Is Time Barred By 952 Days. The Assessee Has Filed Condonation Petition Dated 7.4.2025 Supported With Affidavit Stating The Reasons That Due To Serious Illness Of The Assessee’S Mother & Change Of P A G E 1 | 5 Assessment Year : 2017-18

For Appellant: Shri Sudhanshu Kr Das, ARFor Respondent: Shri Prateek Kr Mishra, Sr. DR
Section 253(3)

DCIT reported in [2023] 156 taxmann.com 361 (Madras) wherein it is held that where assessee had not given 'sufficient cause' for condoning huge delay in filing appeal, therefore, the delay could not be condoned. 4. We have considered the rival submissions and also the condonation petition filed by the assessee ... assessee satisfied the Tribunal that there was sufficient cause for not preferring the appeal within such period. The Tribunal has power to condone the delay only when sufficient cause is shown with a view to advance substantial justice and even after sufficient cause has been shown the party

Hindusthan Ore and Mining Private Limited, Barbil vs. ITO, Rourkela, Ayakar Bhawan, Udit Nagar Rourkela

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

ITA 210/CTK/2025[2015-16]Status: DisposedITAT Cuttack02 Jul 2025AY 2015-16

Bench: S/Shri Duvvuru Rl Reddy(Kz) & Rajesh Kumarassessment Year : 2015-16 Hindustan Ore & Mining Private Vs. Ito, Rourkela, Ayakar Bhawan, Limited Udit Nagar, Rourkela Opposite East India Crusher Near Gurunanak Petroleum, Barbil, Keonnjhar- 758035 Pan/Gir No. Aacch 7805 D (Appellant) .. ( Respondent) Assessee By : Shri Chittaranjan Panda, Ca Revenue By : Shri Prateek Kr Mishra, Sr. Dr Date Of Hearing : 2 /7/2025 Date Of Pronouncement : 2 /7/2025 O R D E R Per Bench The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nafc), New Delhi Nfac), Delhi Dated 07/06/2024 In Appeal No. Nfac/2014-15/10129894 Passed For Assessment Year 2015-16. 2. Vide Adjournment Petition Dated July 01, 2025, Ld Ar Had Sought Adjournment, Which Is Rejected & The Appeal Is Disposed On Merits.

For Appellant: Shri Chittaranjan Panda, CAFor Respondent: Shri Prateek Kr Mishra, Sr. DR
Section 156Section 271(1)(c)

assessment is void ab initio. It is submitted that the assessee is not in any way trying to gain any advantage of this condonation of delay and the delay in filing of the appeal was not intentional. It was prayed that the delay of 232 days in filing the appeal ... complication of the income tax proceedings. Thereafter, he filed the appeal. The delay in filing of appeal was actually not intentional. Therefore, we condone the delay and admit the appeal for adjudication. P a g e 2 | 4 Assessment Year : 2015-16 6. At the time of hearing, ld. Counsel

Rajinder Kumar Modi, HUF, Howrah vs. I.T.O., Ward - 47(5), Kolkata

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

ITA 521/KOL/2025[2017-2018]Status: DisposedITAT Kolkata02 Jul 2025AY 2017-2018

Bench: Shri George Mathanआयकर अपील सं/Ita No.521/Kol/2025 (नििाारण वर्ा / Assessment Year :2017-2018) Rajinder Kumar Modi Huf Vs Ito, Ward-47(5), Kolkata C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069 Pan No. :Aajhr 2810 Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Siddharth Agarwal, Advocate : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr राजस्व की ओर से /Revenue By सुनवाई की तारीख / Date Of Hearing : 02/07/2025 घोषणा की तारीख/Date Of Pronouncement : 02/07/2025 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 26.10.2023, Passed For The Assessment Year 2017-2018. 2. Shri Siddharth Agrawal, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Barred By 437 Days. In This Regard, The Assessee Has Filed Application Supported With An Affidavit For Condonation Of Delay Stating Therein Sufficient Reasons Which Are Not Found To Be False, Therefore, The Delay Of 437 Days In Filing The Appeal Stands Condoned & The Appeal Is Admitted For Hearing. 4. It Was The Submission Of The Ld. Ar That The Ld. Cit(A) Without Affording Sufficient Opportunity Has Dismissed The Appeal Of The Assessee. It Was Also Submitted That The Assessee May Be Given One More Opportunity

For Appellant: Shri Siddharth Agarwal, Advocate

appeal of the assessee is barred by 437 days. In this regard, the assessee has filed application supported with an affidavit for condonation of delay stating therein sufficient reasons which are not found to be false, therefore, the delay of 437 days in filing the appeal stands condoned

D Rajeswari, Erode vs. ITO, Ward-1(1), Erode

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

ITA 1020/CHNY/2025[2019-20]Status: DisposedITAT Chennai02 Jul 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1020/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 D. Rajeswari, Vs. The Income Tax Officer, 22F, Periyar Nagar, Opp To Ward 1 (1) Kumarasamy Hospital, Erode. Erode 638 001. [Pan:Apkpr2076J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Meenatchi Sundaram, C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 30.06.2025 घोषणा की तारीख /Date Of Pronouncement : 03.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2019-20. 2. We Find That This Appeal Is Filed With A Delay Of 40 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

For Appellant: Shri K. Meenatchi Sundaram, C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 143(2)Section 147Section 148Section 69ASection 69C

year 2019-20. 2. We find that this appeal is filed with a delay of 40 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee