← All Phrases

“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

Goodearth Infrastructure Development Limited, Patiala vs. Deputy Commissioner of Income Tax, CC-1, Chandigarh

In the result, the appeal is allowed for statistical purposes

ITA 1117/CHANDI/2024[2014-15]Status: DisposedITAT Chandigarh16 Jun 2025AY 2014-15

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1117/Chd/2024 "नधा"रण वष" / Assessment Year : 2014-15 Vs. The Dcit, Goodearth Infrastructure बनाम Central Circe 1(1), Development Limited, Chandigarh 6458/1, Lahori Gate, Patiala 147001 "थायी लेखा सं./Pan No: Aaica9869Q अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Parikshit Aggarwal, Ca राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 04.06.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 16.06.2025 आदेश/Order Per Krinwant Sahay, A.M.:

For Appellant: Shri Parikshit Aggarwal, CAFor Respondent: Shri Vivek Vardhan, Addl. CIT, Sr. DR
Section 56(2)(viib)

days in filing of the appeal. The Counsel for the Assessee submitted that an application dt. 3.6.2025 along with an Affidavit for condonation of delay, which is reproduced as under: 1117-Chd-2024 – Goodearth Infrastructure Development Limited, Patiala 2 1117-Chd-2024 – Goodearth Infrastructure Development Limited, Patiala ... have considered the issue brought on record and gone through the contents of the Application which is supported by an Affidavit for condonation of delay and we feel it appropriate to condone the delay because of the nature of issue discussed in the application for condonation of delay

The Kolkata Port Trust Employees Cooperative Credit Society Limited, Kolkata vs. Centralized Processing Centre, Bengaluru

In the result, all the appeals of the assesse are allowed

ITA 725/KOL/2025[2023-24]Status: DisposedITAT Kolkata16 Jun 2025AY 2023-24

Bench: Shri George Mathan & Shri Rakesh Mishraआयकर अपील सं/Ita Nos.723 - 725/Kol/2025 (निर्धारण वर्ा /A.Yrs. :2021-2022, 2022-2023 & 2023-2024) The Kolkata Port Trust Vs Cpc, Bengaluru Employees Cooperative Credit Society Limited, Smp Kolkata, 15 Stand Road, Kolkata Gpo, West Bengal Pan No. :Aabat 5305 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : None रधजस्व की ओर से /Revenue By : Shri Kapil Mandal, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 16/06/2025 घोषणा की तारीख/Date Of Pronouncement : 16/06/2025 आदेश / O R D E R Per George Mathan, Jm : These Are The Appeals Filed By The Assessee Against The Separate Orders, Passed By The Ld. Addl./Jcit(A)-2, Surat, All Dated 23.01.2025, For The Assessment Years 2021-2022, 2022-2023 & 2023-2024, Respectively. 2. All The Three Appeals Of The Assesse Are Barred By 07 Days Each. In This Regard, The Assesse Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein The Sufficient Reasons For Delay In Filing The Above Appeals, Which Are Not Found To Be False. This Contention Of The Assesse Has Not Been Objected By The Ld. Sr. Dr. Accordingly, We Condone The Delay Of 07 Days Each In Filing The Present Appeals & The Appeals Of The Assesse Are Admitted For Hearing. 3. None Represented On Behalf Of The Assesse. Shri Kapil Mandal, Sr. Dr Appeared On Behalf The Assesse.

For Appellant: NoneFor Respondent: Shri Kapil Mandal, Sr. DR
Section 143(1)Section 80P

three appeals of the assesse are barred by 07 days each. In this regard, the assesse has filed an application for condonation of delay supported with an affidavit stating therein the sufficient reasons for delay in filing the above appeals, which are not found to be false. This contention ... assesse has not been objected by the ld. Sr. DR. Accordingly, we condone the delay of 07 days each in filing the present appeals and the appeals of the assesse are admitted for hearing. 3. None represented on behalf of the assesse. Shri Kapil Mandal, Sr. DR appeared on behalf

The Kolkata Port Trust Employees Cooperative Credit Society Limited, Kolkata vs. Centralized Processing Centre, Bengaluru

In the result, all the appeals of the assesse are allowed

ITA 724/KOL/2025[2022-23]Status: DisposedITAT Kolkata16 Jun 2025AY 2022-23

Bench: Shri George Mathan & Shri Rakesh Mishraआयकर अपील सं/Ita Nos.723 - 725/Kol/2025 (निर्धारण वर्ा /A.Yrs. :2021-2022, 2022-2023 & 2023-2024) The Kolkata Port Trust Vs Cpc, Bengaluru Employees Cooperative Credit Society Limited, Smp Kolkata, 15 Stand Road, Kolkata Gpo, West Bengal Pan No. :Aabat 5305 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : None रधजस्व की ओर से /Revenue By : Shri Kapil Mandal, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 16/06/2025 घोषणा की तारीख/Date Of Pronouncement : 16/06/2025 आदेश / O R D E R Per George Mathan, Jm : These Are The Appeals Filed By The Assessee Against The Separate Orders, Passed By The Ld. Addl./Jcit(A)-2, Surat, All Dated 23.01.2025, For The Assessment Years 2021-2022, 2022-2023 & 2023-2024, Respectively. 2. All The Three Appeals Of The Assesse Are Barred By 07 Days Each. In This Regard, The Assesse Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein The Sufficient Reasons For Delay In Filing The Above Appeals, Which Are Not Found To Be False. This Contention Of The Assesse Has Not Been Objected By The Ld. Sr. Dr. Accordingly, We Condone The Delay Of 07 Days Each In Filing The Present Appeals & The Appeals Of The Assesse Are Admitted For Hearing. 3. None Represented On Behalf Of The Assesse. Shri Kapil Mandal, Sr. Dr Appeared On Behalf The Assesse.

For Appellant: NoneFor Respondent: Shri Kapil Mandal, Sr. DR
Section 143(1)Section 80P

three appeals of the assesse are barred by 07 days each. In this regard, the assesse has filed an application for condonation of delay supported with an affidavit stating therein the sufficient reasons for delay in filing the above appeals, which are not found to be false. This contention ... assesse has not been objected by the ld. Sr. DR. Accordingly, we condone the delay of 07 days each in filing the present appeals and the appeals of the assesse are admitted for hearing. 3. None represented on behalf of the assesse. Shri Kapil Mandal, Sr. DR appeared on behalf

The Kolkata Port Trust Employees Cooperative Credit Society Limited, Kolkata vs. Centralized Processing Centre, Bengaluru

In the result, all the appeals of the assesse are allowed

ITA 723/KOL/2025[2021-22]Status: DisposedITAT Kolkata16 Jun 2025AY 2021-22

Bench: Shri George Mathan & Shri Rakesh Mishraआयकर अपील सं/Ita Nos.723 - 725/Kol/2025 (निर्धारण वर्ा /A.Yrs. :2021-2022, 2022-2023 & 2023-2024) The Kolkata Port Trust Vs Cpc, Bengaluru Employees Cooperative Credit Society Limited, Smp Kolkata, 15 Stand Road, Kolkata Gpo, West Bengal Pan No. :Aabat 5305 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : None रधजस्व की ओर से /Revenue By : Shri Kapil Mandal, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 16/06/2025 घोषणा की तारीख/Date Of Pronouncement : 16/06/2025 आदेश / O R D E R Per George Mathan, Jm : These Are The Appeals Filed By The Assessee Against The Separate Orders, Passed By The Ld. Addl./Jcit(A)-2, Surat, All Dated 23.01.2025, For The Assessment Years 2021-2022, 2022-2023 & 2023-2024, Respectively. 2. All The Three Appeals Of The Assesse Are Barred By 07 Days Each. In This Regard, The Assesse Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein The Sufficient Reasons For Delay In Filing The Above Appeals, Which Are Not Found To Be False. This Contention Of The Assesse Has Not Been Objected By The Ld. Sr. Dr. Accordingly, We Condone The Delay Of 07 Days Each In Filing The Present Appeals & The Appeals Of The Assesse Are Admitted For Hearing. 3. None Represented On Behalf Of The Assesse. Shri Kapil Mandal, Sr. Dr Appeared On Behalf The Assesse.

For Appellant: NoneFor Respondent: Shri Kapil Mandal, Sr. DR
Section 143(1)Section 80P

three appeals of the assesse are barred by 07 days each. In this regard, the assesse has filed an application for condonation of delay supported with an affidavit stating therein the sufficient reasons for delay in filing the above appeals, which are not found to be false. This contention ... assesse has not been objected by the ld. Sr. DR. Accordingly, we condone the delay of 07 days each in filing the present appeals and the appeals of the assesse are admitted for hearing. 3. None represented on behalf of the assesse. Shri Kapil Mandal, Sr. DR appeared on behalf

Sellappa Gounder Kuppusamy, Tiruppur vs. ITO, Ward-2(4), Tiruppur

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

ITA 793/CHNY/2025[2011-12]Status: DisposedITAT Chennai16 Jun 2025AY 2011-12

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.793/Chny/2025 िनधा"रण वष"/Assessment Year: 2011-12 Sellappa Gounder Kuppusamy, Vs. The Income Tax Officer, 125, Sulliporukkupalaiyam, Ward 2(5), Kilangundal, Mulanur, Tiruppur. Tiruppur 638 106. [Pan:Bbdpk7658F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Muthu Kumar, C.A. ""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 : 16.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2011-12. 2. The Assessee Raised 2 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 When The Assessee Has Opted For 2

For Appellant: Shri K. Muthu Kumar, C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(2)Section 144Section 148Section 44ASection 69A

impugned order. The assessee offered his explanation under Col. No. 14 of Form 35 and the ld. CIT(A) rejected the condonation of delay and dismissed the appeal filed by the assessee. 5. The ld. AR Shri K. Muthu Kumar, C.A., with regard to the delay in filing appeal before ... burdened with both financial and emotional responsibilities of ensuring medical care for himself and his family. Thus, the ld. AR prayed to condone the delay of 163 days in filing the appeal before the ld. CIT(A). He relied on the order of this Tribunal in the case of Baskaran

Nanjundapuram Sethupathy Kalidas, Coimbatore vs. ITO, Ncw-1(1), Coimbatore

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

ITA 779/CHNY/2025[2013-14]Status: DisposedITAT Chennai16 Jun 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.779/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 Nanjundapuram Sethupathy Kalidas, Vs. The Income Tax Officer, 15-A, Annamadam Lane, Non Corporate Ward 1(1), Nanjundapuram, Coimbatore 641 036. Coimbatore. [Pan:Ankpk0170C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Girish Kumar, 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 : 16.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2013-14. 2. We Find That This Appeal Is Filed With A Delay Of 321 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons Along With Medical Reports. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The 2

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(2)Section 143(3)Section 54FSection 69

year 2013-14. 2. We find that this appeal is filed with a delay of 321 days. The assessee filed an affidavit for condonation of delay stating the reasons along with medical reports. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated