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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

Baiju Lekshmanan, Kollam vs. ITO, Ward 1 & Tps, Alappuzha

In the result, the appeal of the assessee is dismissed

ITA 144/COCH/2025[2017-18]Status: DisposedITAT Cochin12 Jun 2025AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaassessment Years: 2017-18 Baiju Lekshmanan Ito, Ward-1 & Tps, V. Alappuzha Marackasseril, Atiramthengu, Alumpeedika Po, Prayar South, Kollam – 690547. Pan : Ambpl8921A. (Appellant) (Respondent) Appellant By : Shri Akhil Shaji, Advocate Respondent By : Smt. Leena Lal, Snr Ar. Date Of Hearing : 03.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Dated 27.11.2024 By The National Faceless Appeal Centre (Hereinafter Referred To As ‘Cit(A)’] For The Assessment Year 2017–18. 2. The Registry Has Informed That The Appeal Filed By The Assessee Is Barred By Limitation By 17 Days. An Application Seeking Condonation Of Delay For 17 Days Has Been Filed By The Assessee Explaining Reasons For Such Delay. We, After Considering The Application For Condoning The Delay, Condone The Delay & Admit The Appeal For Adjudication.

For Appellant: Shri Akhil Shaji, AdvocateFor Respondent: Smt. Leena Lal, Snr AR
Section 133(6)Section 139Section 143(2)Section 147Section 69A

Registry has informed that the appeal filed by the assessee is barred by limitation by 17 days. An application seeking condonation of delay for 17 days has been filed by the assessee explaining reasons for such delay. We, after considering the application for condoning the delay, condone the delay

Akhilesh Singh, Howrah vs. I.T.O., Ward - 13(4), Kolkata

In the result, the appeal of the assessee is dismissed

ITA 2216/KOL/2024[2017-2018]Status: DisposedITAT Kolkata12 Jun 2025AY 2017-2018

Bench: Shri Duvvuru Rl Reddyakhilesh Singh, Vs Ito, Ward-13(4), Kolkata 222/1B, G.T.Road, Belurmath, Howrah-711202 Pan No. :Akups 0920 P (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Ms. Swati Baid, Ar रधजस्व की ओर से /Revenue By : Shri Kallol Mistry, Jcit, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 23/04/2025 घोषणा की तारीख/Date Of Pronouncement : 12/06/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 08.10.2024 Passed For Assessment Year 2017-18. 2. In The Present Appeal, The Assessee Has Agitated That The Ld. Cit(A), Nfac Has Erred In Sustaining The Addition Of Rs.37,28,280/- Made By The Assessing Officer U/S.69A Of The Act By Dismissing The Appeal Of The Assessee On Account Of Delay Without Affording Sufficient Opportunity To The Assessee. 3. The Ld. Counsel For The Assessee Submitted Before The Bench That The Order Passed By The Ld. Cit(A), Nfac U/S. 250 Of The Act Was Without Providing Sufficient Opportunity To The Assessee & As Such The Order Is Bereft Of Natural Justice & Is Liable To Be Set Aside. It Was Also Submitted By The Ld. Counsel That Without Considering The Reasons For Delay Stated By The Assessee The Ld. Cit(A), Nfac Has Dismissed The Appeal On Account Of Delay.

For Appellant: Ms. Swati Baid, ARFor Respondent: Shri Kallol Mistry, JCIT, Sr.DR
Section 250Section 69A

authorities below and submitted that the ld. CIT(A) has given sufficient opportunities but the assessee failed to explain the reasons for condoning the delay. Therefore, the ld. CIT(A) has rightly dismissed the appeal of the assessee and pleaded to uphold the orders of the authorities below. 5. After ... impugned order at para 2, shows that the ld. CIT(A) has categorically mentioned that the assessee could not provide documentary evidence for condonation of delay of 730 days even after repeated opportunities granted to him. During the course of hearing, ld. Counsel for the assessee drew the attention

Goodwill Wealth Management Private Limited, Chennai vs. ITO Corporate Ward 2(3), Chennai

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

ITA 737/CHNY/2025[2018-19]Status: DisposedITAT Chennai12 Jun 2025AY 2018-19

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 737/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Goodwill Wealth Management Income Tax Officer, Private Limited, Corporate Ward-2(3), No.73, 1St Floor, Vs. Chennai. Tarana Complex, Guindy, Chennai – 600 032. (""थ"/Respondent) [Pan: Aaecg-9766-E] (अपीलाथ"/Appellant) अपीलाथ" की ओर से/Appellant By : Shri. Raghav Rajeev Menon, Advocate ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, J.C.I.T.

For Appellant: Shri. Raghav Rajeev Menon, AdvocateFor Respondent: Ms. Gouthami Manivasagam, J.C.I.T
Section 143(3)Section 194Section 194HSection 37Section 40

NFAC. 3. The ld.CIT(A), NFAC upheld the order of the AO by dismissing the appeal of the assessee as not admitted, without condoning the delay in filing the appeal of 741 days before the first appellate authorities. 4. Aggrieved by the order of the ld.CIT(A), NFAC, the assessee ... outset, we find that there is a delay of 162 days in appeal filed by the assessee, for which petition for condonation of delay along with reasons. The assessee submitted an affidavit for the delay stating that the delay is caused due to ill health of the director

M/S. Mahendra Kumar Jain, Chennai vs. ACIT, Ncc-4(1), Chennai

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

ITA 447/CHNY/2025[2017-18]Status: DisposedITAT Chennai12 Jun 2025AY 2017-18

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.:447/Chny/2025 िनधा"रण वष"/Assessment Year:2017-18 Shri Mahendra Kumar Jain, The Asst. Commissioner Of No.56/B1, Pantheon Road, Vs. Income Tax, Egmore, Non-Corporate Circle 4(1), Chennai – 600 008. Chennai. Pan: Aanpm 2662B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Anandd Babunath, Ca ""यथ" क" ओर से/Respondent By : Ms. Sita Krishnamoorthy, Jcit सुनवाई क" तारीख/Date Of Hearing : 11.06.2025 घोषणा क" तारीख/Date Of Pronouncement : 12.06.2025

For Appellant: Shri Anandd Babunath, CAFor Respondent: Ms. Sita Krishnamoorthy, JCIT
Section 143(1)Section 154Section 250Section 264Section 56

delay in filing appeal as against the intimation issued u/s.143(1) of the Act. In support of the assessee’s submission for condonation of delay, he had relied on the judicial pronouncements which are extracted at para 5.2 of the impugned order of the CIT(A). The CIT(A) however ... dismissed the appeal of the assessee in limine without condoning the delay in filing the appeal before him. 6. Aggrieved by the order of the CIT(A), the assessee has preferred the present appeal before the Tribunal. The assessee has filed a paper-book enclosing therein the statement of total

Jagruti Co Op Hsg Soc Ltd, Mumbai vs. ITO Ward (197)(6), Mumbai

In the result, the appeal by the Assessee stands allowed

ITA 372/MUM/2025[2014-15]Status: DisposedITAT Mumbai12 Jun 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 M/S. Jagruti Co Op Hsg Soc Ito Ward –(197)(6) Ltd. Cpc Bangaluru, L.J. Road Mahim, Vs. 560500. Mumbai-400016. Pan: Aaaat9842L (Appellant) (Respondent) Present For: Assessee By : Shri Pratik Jain, Ld. A.R. Revenue By : Shri Kavan Limbasiya, Ld. D.R. Date Of Hearing : 12.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 19.11.2024, Impugned Herein, Passed By The Addl/Jcit (A) (In Short Ld. Addl/Joint Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. In This Case, The Intimation/Order U/S. 143(1) Of The Act Was Issued On Dated 20.05.2015 By The Ito Ward-(197) (6) Mumbai, Whereby The Deduction Claimed By The Assessee U/S. 80(2)(D) Of The Act Amounting To Rs. 7,36,459/- Earned On Its Investment & Saving Bank Account Maintained With Saraswat Co-Operative Bank & The Nkgsb Co-Operative Bank Was Disallowed. The Assessee Against The Said Intimation Dated 20.05.2015 Filed A Rectification Application U/S. 154 Of The Act, However, No Order For Rectification Has Ever Been Passed By The Cpc. The Assessee On Realizing Its 2 M/S. Jagruti Co Op Hsg Soc Ltd. Mistake Challenged The Said Intimation U/S. 143(1) Dated 25.05.2025 By Filing First Appeal On Dated 12.06.2024 But With The Delay Of More Than 9 Years. The Ld. Addl/Joint Commissioner By Considering The Peculiar Facts & Circumstances Of The Case, Ultimately Declined To Entertain The Request For Condonation Of Delay & Dismissed The Appeal Of The Assessee In Limine Without Making Any Discussion On Merit Or On Any Other Aspect.

For Appellant: Shri Pratik Jain, Ld. A.RFor Respondent: Shri Kavan Limbasiya, Ld. D.R
Section 14Section 143(1)Section 154Section 250Section 80(2)(d)Section 80P(2)(d)

years. The Ld. Addl/Joint Commissioner by considering the peculiar facts and circumstances of the case, ultimately declined to entertain the request for condonation of delay and dismissed the appeal of the Assessee in limine without making any discussion on merit or on any other aspect. 3. The Assessee being aggrieved ... decided on 30.08.2024 has also dealt with the identical issue and the inordinate delay and ultimately by following the judgement referred to above, condoned the delay of 3685 days and consequently allowed the appeal of the Assessee. Thus, considering the peculiar facts and circumstances of the case

Najeeb Charitable Trust, Mumbai vs. Exem. Ward 2(1), Mumbai

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

ITA 2701/MUM/2025[2014-15]Status: DisposedITAT Mumbai12 Jun 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 M/S. Najeeb Charitable Trust Exem. Ward2(1) A-28, Eversweet Apartment, Income Tax Appellant J.P.Road, Jogeshwari(West), Vs. Tribunal Building, Mumbai-400053. Pratishtha Bhawan, Maharishi Karve Marg, Pan: Aaatn0425G Mumbai-400020. (Appellant) (Respondent) Present For: Assessee By : Shri Dipesh Ruparelia, Ld. A.R. Revenue By : Shri Kavan Limbasiya, Ld. D.R. Date Of Hearing : 12.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 31/05/2024, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. At The Very Outset, It Is Observed That There Is A Delay Of 262 Days In Filing Of Instant Appeal, On Which The Assessee By Filing An Application For Condonation Of Delay Along With Duly Sworn Affidavit Has Contended That Though The Assessee In Response To The Notices Dated 28.02.2024 & 12.04.2024 U/S. 250 Of The Act Issued By The Ld. Commissioner, Filed Its Written Submission, However, The Ld. Commissioner Without Giving Any Opportunity Of Being Heard Decided The Appeal Of The Assessee Vide Impugned Order Dated

For Appellant: Shri Dipesh Ruparelia, Ld. A.RFor Respondent: Shri Kavan Limbasiya, Ld. D.R
Section 250

observed that there is a delay of 262 days in filing of instant appeal, on which the Assessee by filing an application for condonation of delay along with duly sworn affidavit has contended that though the Assessee in response to the notices dated ... unintentionally and without any malafide intention and therefore lenient view may be taken and appeal filed by the Assessee may be entertained by condoning the delay. 3. On the contrary, the Ld. DR refuted the claim and conduct of the Assessee by demonstrating the fact from the impugned order that