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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

Kiran Kumar Bussa, Karimnagar vs. ITO., Ward-2, Karimnagar

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

ITA 496/HYD/2025[2016-17]Status: DisposedITAT Hyderabad19 Jun 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.496/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Kiran Kumar Bussa Vs. Income Tax Officer Karimnagar Ward – 2 Pan:Ajtpb5696F Karimnagar (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A.V. Raghuram, Advocate राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 17/06/2025 घोषणा की तारीख/Pronouncement: 19/06/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 29/10/2024 Of The Learned Cit (A)-Nfac For The A.Y.2016-17. 2. There Is A Delay Of 84 Days In Filing The Present Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Which Is Supported By An Affidavit.

For Appellant: Shri A.V. Raghuram, AdvocateFor Respondent: : Dr. Sachin Kumar, DR

A.Y.2016-17. 2. There is a delay of 84 days in filing the present appeal. The assessee has filed a petition for condonation of delay which is supported by an affidavit. Page 1 of 7 ITA No 496 of 2025 Kiran Kumar Bussa 3. The learned AR of the assessee ... reasons explained by the assessee in the affidavit are sufficient for not filing the appeal within the period of limitation and therefore, we condone the delay of 84 days in filing the present appeal. 7. The assessee has raised the following grounds of appeal: Page

Rajeev Kumar Gupta, Muzaffarpur vs. ITO Ward 1(2), Muzf., Muzzaffarpur

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

ITA 162/PAT/2025[2016-17]Status: DisposedITAT Patna18 Jun 2025AY 2016-17

Bench: Shri George Mathan(Through Virtual Hearing At Kolkata) आयकर अपील सं/Ita No.162/Pat/2025 (नििाारण वर्ा / Assessment Year : 2016-2017) Rajeev Kumar Gupta, Vs Ito, Ward-1(2), Muzaffarpur Sakra Dholi, Majholia, Chandanpatti, Muzaffarpur Pan No. :Aoxpg 2700 A (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Assessee Present In Person राजस्व की ओर से /Revenue By : Shri Ashwani Kumar, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 18/06/2025 घोषणा की तारीख/Date Of Pronouncement : 18/06/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Id. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 23.12.2024 For The Assessment Year 2016-2017. 2. The Assessee Rajeev Kumar Gupta, Present In Person & Shri Ashwani Kumar, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Barred By 33 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reason For Delay In Filing The Appeal, Which Are Not Found To Be False & Also The Ld.Sr. Dr Did Not Object To Condone The Delay. Accordingly, The Delay Of 33 Days In Filing The Appeal Is Condoned & The Appeal Is Admitted For Hearing.

For Appellant: Assessee present in personFor Respondent: Shri Ashwani Kumar, Sr.DR

revenue. 3. The appeal of the assessee is barred by 33 days. In this regard, the assessee has filed an application for condonation of delay supported with an affidavit stating therein sufficient reason for delay in filing the appeal, which are not found to be false and also the ld.Sr ... object to condone the delay. Accordingly, the delay of 33 days in filing the appeal is condoned and the appeal is admitted for hearing. 2 4. It was submitted by the assessee that he is working as a teacher in a private school. He was doing cultivation on land which

Kishori Capital Markets Pvt. Ltd., Stephen House vs. ITO Ward 2(1), Patna, Lok Nayak Bhawan

In the result, appeal of the assessee is dismissed

ITA 154/PAT/2025[2013-14]Status: DisposedITAT Patna18 Jun 2025AY 2013-14

Bench: Shri George Mathan(Through Virtual Hearing At Kolkata) आयकर अपील सं/Ita No.154/Pat/2025 (नििाारण वर्ा / Assessment Year : 2013-2014) Kishori Capital Markets Pvt Ltd Vs Ito Ward-2(1), Patna 116A, Stephen House, 6Th Floor 4, Bbd Bagh (East), West Bengal Pan No. : Aaack 9877 E (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Ashwani Kumar, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 18/06/2025 घोषणा की तारीख/Date Of Pronouncement : 18/06/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Id. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 06.07.2023 For The Assessment Year 2013-2014. 2. None Appeared On Behalf Of The Assessee & Shri Ashwani Kumar, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. The Appeal Of The Assessee Is Delayed By 544 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Stating Therein Sufficient Reasons For Delay, Which Are Not Found To Be False. Accordingly, I Condone The Delay Of 544 Days In Filing The Present Appeal & The Appeal Is Admitted For Hearing.

For Appellant: NoneFor Respondent: Shri Ashwani Kumar, Sr.DR

revenue. 3. The appeal of the assessee is delayed by 544 days. In this regard, the assessee has filed an application for condonation of delay stating therein sufficient reasons for delay, which are not found to be false. Accordingly, I condone the delay of 544 days in filing the present