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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

Boopathi Poongothai, Coimbatore vs. ITO, Ncw-1(1), Coimbatore

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

ITA 929/CHNY/2025[2018-19]Status: DisposedITAT Chennai17 Jun 2025AY 2018-19

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 929/Chny/2025 िनधा"रण वष"/Assessment Year:2018-19 Shri Boopathi Poongothai, The Income Tax Officer, 58A, Race Course Road, Vs. Non-Corporate Ward 1(1), Coimbatore South, Coimbatore – 641 018. Coimbatore Racecourse S.O., Coimbatore – 641 018. Pan: Arkpp 7847H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri K. Subash Anbarasu, Advocate For Shri N.V. Balaji, Advocate ""यथ" क" ओर से/Respondent By : Shri Kumar Chandan, Jcit सुनवाई क" तारीख/Date Of Hearing : 17.06.2025 घोषणा क" तारीख/Date Of Pronouncement : 17.06.2025

For Appellant: Shri K. Subash Anbarasu, Advocate for Shri N.V. Balaji, AdvocateFor Respondent: Shri Kumar Chandan, JCIT
Section 250

Assessment Year is 2018-19. 2. There is a delay of 1 day in filing the appeal. The assessee has filed petition for condonation of delay. On perusal of the same, we find there is sufficient reason for delay in filing this appeal before the Tribunal. Hence, we condone ... reasonable cause for condoning the same. 4. On perusing the order of the FAA, we noted that the assessee had filed application for condonation of delay before the FAA stating the reason that the assessee was hospitalized and has undergone medical treatment. Due to continuous medical treatment, the assessee

Sellappa Karuppusamy, Coimbatore vs. ITO, Ward-1, Pollachi

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

ITA 810/CHNY/2025[2017-18]Status: DisposedITAT Chennai17 Jun 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.810/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Sellappa Karuppusamy, Vs. The Income Tax Officer, Thokkuthottam, Pollachi, Ward 1, Coimbatore 642 001. Pollachi. [Pan:Bxipk7422C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. S. Mathangi, Advocate ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 03.06.2025 घोषणा की तारीख /Date Of Pronouncement : 17.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.01.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. The Assessee Raised 4 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Rejecting The Condonation Petition & Confirming The Addition Made By The Assessing Officer.

For Appellant: Ms. S. Mathangi, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 133(6)Section 142(1)Section 144Section 69A

filing the appeal. Since the assessee could not 3 I.T.A. No.810/Chny/25 file any supporting documentary evidence in support of the affidavit filed for condonation of delay, the ld. CIT(A) dismissed the appeal of the assessee. 4. The ld. AR Ms. S. Mathangi, Advocate submits that out of the total