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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

Jince Kurian, Sambalpur vs. The Income Tax Officer ITO, Ward 2(1), Sambalpur

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

ITA 98/CTK/2025[2016-17]Status: DisposedITAT Cuttack01 Jul 2025AY 2016-17

Bench: S/Shri Duvvuru Rl Reddy(Kz) & Rajesh Kumarassessment Year : 2016-17 Assessment Year : 2013-14 Assessment Year : 2013-14 Jince Kurian Vs. Ito, Ward-2(1), Sambalpur Bishop House, C/O Associate Infra Developers Private Limited Ainthhapali, 768004 Pan/Gir No. Bvppk 7918 G (Appellant) .. ( Respondent) Assessee By : Shri P.K Miishra, Advocate Revenue By : Shri Prateek Ku. Mishra, Sr. Dr Date Of Hearing : 01 /07/2025 Date Of Pronouncement : 01 /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 21/06/2024 In Appeal No. Cit(A), Sambalpur/10137/2018-19 Passed For Assessment Year 2016-17, Order Dated

For Appellant: Shri P.K Miishra, AdvocateFor Respondent: Shri Prateek Ku. Mishra, Sr. DR
Section 147Section 69A

bonafide and there is no evil intention of the assessee. It was prayed that the delay be condoned. Ld Sr DR opposed the condonation of delay. 3. After hearing the parties and perusing the condonation petition, we are satisfied that the assessee had sufficient cause in not filing the appeal ... within time and, therefore, we condone the delay of 162 days and admit the appeal for hearing. 4. We have heard the rival submissions and perused the record of the case. A perusal of the impugned order clearly shows that the ld CIT(A), NFAC has given four opportunities

Jince Kurian, Sambalpur vs. The Income Tax Officer Ward-2(1), Sambalpur

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

ITA 129/CTK/2025[2013-14]Status: DisposedITAT Cuttack01 Jul 2025AY 2013-14

Bench: S/Shri Duvvuru Rl Reddy(Kz) & Rajesh Kumarassessment Year : 2016-17 Assessment Year : 2013-14 Assessment Year : 2013-14 Jince Kurian Vs. Ito, Ward-2(1), Sambalpur Bishop House, C/O Associate Infra Developers Private Limited Ainthhapali, 768004 Pan/Gir No. Bvppk 7918 G (Appellant) .. ( Respondent) Assessee By : Shri P.K Miishra, Advocate Revenue By : Shri Prateek Ku. Mishra, Sr. Dr Date Of Hearing : 01 /07/2025 Date Of Pronouncement : 01 /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 21/06/2024 In Appeal No. Cit(A), Sambalpur/10137/2018-19 Passed For Assessment Year 2016-17, Order Dated

For Appellant: Shri P.K Miishra, AdvocateFor Respondent: Shri Prateek Ku. Mishra, Sr. DR
Section 147Section 69A

bonafide and there is no evil intention of the assessee. It was prayed that the delay be condoned. Ld Sr DR opposed the condonation of delay. 3. After hearing the parties and perusing the condonation petition, we are satisfied that the assessee had sufficient cause in not filing the appeal ... within time and, therefore, we condone the delay of 162 days and admit the appeal for hearing. 4. We have heard the rival submissions and perused the record of the case. A perusal of the impugned order clearly shows that the ld CIT(A), NFAC has given four opportunities

Joint Commissioner of Income Tax (in-Situ), Kolkata vs. Alosha Marketing Pvt Ltd, Kolkata

In the result, appeal of the revenue stands dismissed

ITA 1594/KOL/2024[2012-13]Status: DisposedITAT Kolkata01 Jul 2025AY 2012-13

Bench: Shri George Mathanjcit(In-Situ), Circle-4(1), Vs M/S Alosha Marketing Pvt. Ltd. Kolkata 62A, Hazra Road, Kolkata Pan No. :Aacca 1930 G (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. राजस्व की ओर से /Revenue By : Shri S.B.Chakraborthy, Sr. Dr नििााररती की ओर से /Assessee By : Ms. Priyanka Salarpuria, Ar सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01.07.2025 आदेश / O R D E R This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 29.01.2024 Passed For The Assessment Year 2012-2013. 2. Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue & Ms. Priyanka Salalpuria, Ld. Ar Appeared On Behalf Of The Assessee. 3. The Appeal Of The Revenue Is Delayed By 117 Days. In This Regard The Revenue Has Filed An Application For Condonation Of Delay Stating Sufficient Reasons For Delay Which Are Plausible & Not Found To Be False. Thus, The Delay Of 117 Days In Filing The Present Appeal By The Revenue Is Condoned & The Appeal Is Admitted For Hearing. 4. The Revenue In Its Appeal Has Raised The Following Grounds :- 1. The Delay In Filing Appeal Before The Hon'Ble Itat Against The Order Of The Ld. Cit(A), Nfac Is Occurred Due To Large Number Of Time Barring Cases U/S 148A Of The I.T.Act 1961 & System Problem Which May Kindly Be Condoned. 2. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A). Nfac Has Erred In Deleting The Addition

For Appellant: Ms. Priyanka Salarpuria, ARFor Respondent: Shri S.B.Chakraborthy, Sr. DR
Section 10(38)Section 147Section 148Section 148ASection 68

assessee. 3. The appeal of the revenue is delayed by 117 days. In this regard the revenue has filed an application for condonation of delay stating sufficient reasons for delay which are plausible and not found to be false. Thus, the delay of 117 days in filing the present appeal

Palam Rural Centre, Tiruppur vs. ACIT, Exemptions, Coimbatore

In the result, the appeal filed by the assessee is allowed for statistical purposes and the Stay Application filed by the assessee is dismissed as infructuous

ITA 1560/CHNY/2025[2018-19]Status: DisposedITAT Chennai01 Jul 2025AY 2018-19

Bench: Shri George George K & Shri S.R.Raghunathaआयकर अपील सं./Ita No.:1560/Chny/2025 & S.A.No.51Chny/2025 [Arising In Ita No.: 1560/Chny/2025] िनधा"रण वष" / Assessment Year:2018-19 Palam Rural Centre, The Asst. Commissioner Of Pethampalayam, Vs. Income Tax (Exemptions), Veerapandi S.O., Coimbatore. Tiruppur – 641 605. [Pan: Aaatp-2929-F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. Edser Raj, Advocate ""थ" की ओर से/Respondent By : Ms. Sita Krishnamoorthy, J.C.I.T.

For Appellant: Shri. Edser Raj, AdvocateFor Respondent: Ms. Sita Krishnamoorthy, J.C.I.T
Section 11Section 12ASection 139

1560/Chny/2025 & S.A.No.51Chny/2025 9. However, the Addl. / Joint Commissioner (A)-2, Visakhapatnam passed order on 07/03/2025 by dismissing the appeal in limine without condoning the delay in filing the appeal by holding as under: “2.2 The reasons given by the appellant society is not acceptable. The prescribed due date ... assessee has filled form 10B on 05.04.2023 and subsequently filed condonation petition u/s. 119(2)(b) of the Act before CIT(E), for condonation of delay in filing Form-10B. In view of the above facts and considering the principle of natural justice, we set aside the order