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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

Das Offshore Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 1(2), Mumbai

In the result, appeal of the assessee is allowed

ITA 3890/MUM/2023[2012-13]Status: DisposedITAT Mumbai26 Jun 2025AY 2012-13

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2012-13 Das Offshore Limited Deputy Commissioner Of Income Sagar Uday, Plot No. F-3, Tax, Circle 1(2), Agroli, Sector 29, Mumbai Behind Cidco Bhawan, Vs. Cbd Belapur, Navi Mumbai - 400614 Maharashtra (Pan: Aaacd5996K) (Appellant) (Respondent) Present For: Assessee : Mr. Fenil Bhatt, Ramesh Jain, Cas Revenue : Shri. Mahadevan A.M. Krishanan, Addl. Cit Date Of Hearing : 22.04.2025 Date Of Pronouncement : 26.06.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2023-24/1055302006(1), Dated 22.08.2023 Passed Against The Assessment Order By Deputy Commissioner Of Income-Tax, Circle 1(2), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 27.11.2017 For Assessment Year 2012-13. 2. Grounds Taken By The Assessee Are Reproduced As Under:

For Appellant: Mr. Fenil Bhatt, Ramesh Jain, CAsFor Respondent: Shri. Mahadevan A.M. Krishanan, Addl. CIT
Section 143(3)Section 147

suspicion. 6. On the facts and in the circumstances of the case and in law the Hon'ble members are requested to condone the delay in filing the appeal before the Hon'ble ITAT.” 3. At the very outset, it is noted that there is a brief delay ... days in filing the present appeal before the Tribunal, for which application for condonation of delay along with affidavit is placed on record. We have gone through the said documents explaining the reasons for the brief delay of 10 days which justifies sufficient cause to condone the same. Considering

Sumer Chand Gupta, Delhi vs. ITO Ward 35(5), Civic Centre

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

ITA 354/DEL/2025[2017-18]Status: DisposedITAT Delhi26 Jun 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmansumer Chand Gupta, Vs. Ito, Ward 35 (8), H.No.C-3/6, Prashant Viahr, Delhi. Delhi – 110 085. (Pan : Actpg0827E) (Appellant) (Respondent) Assessee By : None Revenue By : Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 26.06.2025 Date Of Order : 26.06.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 02.08.2024 For Assessment Year 2017-18. 2. At The Time Of Hearing, None Appeared On Behalf Of The Assessee & Ld. Dr Of The Revenue Brought To Our Notice That Assessee Has Filed The Appeal Before The Ld. Cit (A) With A Delay Of 406 Days. It Is Brought To Our Notice That Ld. Cit (A) Has Not Condoned The Abovesaid Delay & He Supported The Non-

For Appellant: NoneFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR

days. It is brought to our notice that ld. CIT (A) has not condoned the abovesaid delay and he supported the non- 2 condonation of delay due to inordinate delay in filing the appeal before ld. CIT (A). 3. After going through the orders of the lower authorities ... sake of overall justice, we are inclined to remit this issue back to the file of ld. CIT (A) after hereby condoning the delay. It is directed to ld. CIT (A) to decide the issue on merit after giving proper opportunity of being heard to the assessee