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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

Shivraj Shankar Gundewadi, Miraj vs. NFAC, Delhi

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

ITA 525/PUN/2025[2017-18]Status: DisposedITAT Pune23 Jun 2025AY 2017-18

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.525/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Shivraj Shankar Gundewadi, Vs. Ito, Nfac, Delhi. At Post Salgare, Tal.- Miraj, Pin Code- 416418. Pan : Ajdpg2612C Appellant Respondent Assessee By : None Revenue By : Shri S. Sadananda Singh Date Of Hearing : 18.06.2025 Date Of Pronouncement : 23.06.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 21.11.2023 Which Is Arising Out Of The Assessment Order U/S 147 R.W.S. 144 R.W.S.144B Of The Act For Assessment Year 2017-18 Framed On 30.03.2022 By The Ito, Nfac, Delhi. 2. When The Case Was Called For None Appeared On Behalf Of The Assessee. In The Past Also On The Dates Of Hearing Fixed On 02.04.2025 & 20.05.2025 Even After Validly Serving Of Notice Of Hearing, None Appeared Physically/Virtually. I Therefore Proceed To Deal With The Appeal.

For Appellant: NoneFor Respondent: Shri S. Sadananda Singh
Section 147Section 69

physically/virtually. I therefore proceed to deal with the appeal. 2 3. Registry informed that the appeal is delayed by 400 days. Application for condonation of delay has been filed. On perusal of the same, I notice that the main reason for delay is that the consultant who was looking after ... Supreme Court in the case of Inder Singh vs. The State of Madhya Pradesh (2025) INSC 382 dated 21.03.2025 I hereby condone the delay and admit the appeal for adjudication on merits. 4. With the assistance of Ld. Departmental Representative I have perused the record and find that the assessee

DCIT Exemptions Circle 1(1), Kolkata vs. B P Poddar Foundation for Education, Kolkata

In the result, appeal of the revenue stands dismissed

ITA 637/KOL/2025[2022-23]Status: DisposedITAT Kolkata23 Jun 2025AY 2022-23

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं /Ita No.637/Kol/2025 (निर्धारण वर्ा /Assessment Year. : 2022-2023) Dcit Exemptions Circle-1(1), Vs B P Poddar Foundation For Education, Kolkata 18, Poddar Court, Rabindra Sarani, Kolkata-700071 Pan No. :Aaatb 5418 M (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Raja Sengupta, Cit-Dr निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiayn, Advocate सुनवाई की तारीख / Date Of Hearing : 18/06/2025 घोषणा की तारीख/Date Of Pronouncement : 23/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 23.12.2024, Passed By The Ld. Addl./Jcit(A)-9, Mumbai For A.Y.2022- 2023. 2. Shri Raja Sengupta, Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate Appeared On Behalf Of The Assessee. 3. The Appeal Filed By The Revenue Is Delayed By 26 Days For Which The Revenue Has Filed The Necessary Condonation Petition. The Reasons Given Are Plausible & Same Are Accepted. Accordingly, The Delay Is Condoned & The Appeal Is Admitted For Hearing. 4. At The Time Of Hearing, Ld.Ar Has Filed His Written Submission Which Read As Under :- Before The Income Tax Appellate Tribunal, Kolkata "A" Bench. Kolkata.

For Appellant: Shri S.K.Tulsiayn, AdvocateFor Respondent: Shri Raja Sengupta, CIT-DR
Section 10Section 11Section 12ASection 143(1)Section 143(1)(a)

amply provides that where the delay in filing Form 10BB is beyond 365 days but does not exceed 3 years, the application for condonation of delay can be considered by the Commissioner of Income Tax (Exemptions) provided the applicant satisfies that it was prevented by reasonable cause from filing ... Income Tax (Exemptions) in Kolkata vide its Letter dated 05/06/2025 along with a Copy of the Form 10BB. The said Letter for Condonation of Delay dated 05/06/2025 and also the CBDT Circular dated 18/11/2024 is duly attached as under for your kind perusal: "Annexure G: Letter for Condonation of Delay

Ragupathy Murugan, Villupuram vs. ITO, Ward-1, Villupuram

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 999/CHNY/2025[2015-16]Status: DisposedITAT Chennai23 Jun 2025AY 2015-16

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 999 & 1000/Chny/2025 िनधा"रण वष"/Assessment Years:2015-16 & 2018-19 Shri Ragupathy Murugan, The Income Tax Officer, 80, Mararajapuram, Vs. Ward 1, Mariyamman Kovil Street, Villupuram. Villupuram – 605 602. Pan: Bltpm 8322G (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. Nidhi Jain, Ca ""यथ" क" ओर से/Respondent By : Shri Kumar Chandan, Jcit सुनवाई क" तारीख/Date Of Hearing : 18.06.2025 घोषणा क" तारीख/Date Of Pronouncement : 23.06.2025

For Appellant: Ms. Nidhi Jain, CAFor Respondent: Shri Kumar Chandan, JCIT
Section 144Section 147Section 250

Nos.999 & 1000/CHNY/2025 2. There is a delay of 158 days in filing these appeals. The assessee has filed affidavits for condonation of delay stating therein the reasons for belated filing of this appeal. The reasons stated in the affidavit for belated filing is that, the assessee was not well ... time. There is sufficient reason and no latches can be attributed to the assessee for belated filing of this appeal. Hence, we condone the delay in filing the appeal and proceed to dispose off the appeal on merits. 3. At the very outset, we notice that the orders of First