← 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

Sudhakara Reddy, Thiruvallur vs. DCIT, Ncc-7(1), Chennai

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

ITA 826/CHNY/2025[2018-19]Status: DisposedITAT Chennai11 Jun 2025AY 2018-19

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.826/Chny/2025 Assessment Years: 2018-19 Sudhakara Reddy, The Deputy Commissioner Of No.61/1, Reddy Street, Income Tax, Panapakkam,, Palavakkam S.O, Non-Corporate Circle-7(1), Tiruvallur, Chennai. Tamil Nadu-602026 [Pan: Amzps3937K] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri S.Muralidhar, Ca For Shri J.Prabhakar,Ca. प्रत्यर्थी की ओर से /Revenue By : Ms.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 04.06.2025 घोषणा की तारीख /Date Of Pronouncement : 11.06.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri S.Muralidhar, CA for ShriFor Respondent: Ms.Anitha, Addl.CIT
Section 147Section 251(1)

after giving opportunities of being heard to the assesse and to pass a speaking order. We also direct the Ld. CIT(A) to condone the delay of 107 days in filing of appeal in this case. He will be at liberty to call for any remand report from ... decision in para 4 above, as the assessee has succeeded on merits and we have remitted the issue to the Ld.CIT(A) for condonation of delay in filing of appeal before him and fresh adjudication, this legal ground of appeal has been left open. Page

Mirifical Careers Pvt. Ltd., Coimbatore vs. ITO, Corp. Ward-2, Coimbatore

In the result, the appeal of the assessee is dismissed

ITA 792/CHNY/2025[2021-22]Status: DisposedITAT Chennai11 Jun 2025AY 2021-22

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.792/Chny/2025 Assessment Years: 2021-22 Mirifical Careers Private Limited, The Income Tax Officer, 135/135A, Palanisamy Towers, Corporate Ward-2, Dharmaraj Layout, Coimbatore Sowripalayam Pirivu, Ramanathapuram, Coimbatore, Tamil Nadu-641 045. [Pan: Aamcm9499E] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri K. Muthu Kumar, C.A, प्रत्यर्थी की ओर से /Revenue By : Ms.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 03.06.2025 घोषणा की तारीख /Date Of Pronouncement : 11.06.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri K. Muthu Kumar, C.AFor Respondent: Ms.Anitha, Addl.CIT
Section 143(1)Section 143(1)(a)Section 36(1)Section 43B

regarding non-condonation of the delay by the latter. Accordingly, request was made that the Ld.CIT(A) may be directed to condone the delay and do a fresh adjudication of the matter on merits. The Ld.Counsel for the assessee submitted that the communication by the Revenue were sent ... that no worthwhile purpose is going to be served by Page - 2 - of 3 remitting the matter back to the Ld.CIT(A) for condonation of delay and taking a decision on merits. We have noted that the case of Revenue qua the additions made u/s 143(1)(a) are fully

Annai Trust, Krishnagiri vs. ITO, Exemptions Ward, Salem

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

ITA 780/CHNY/2025[2018-19]Status: DisposedITAT Chennai11 Jun 2025AY 2018-19

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.780/Chny/2025 Assessment Years: 2018-19 Annai Trust, The Income Tax Officer, D.No.25/235, Jinna Street, Exemptions Ward, Kaveripattinam(Viil) (Po), Salem Krishnagiri, Tamil Nadu 635 112. [Pan: Aadta6748A] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri Girish Kumar, Advocate प्रत्यर्थी की ओर से /Revenue By : Ms.Anitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 03.06.2025 घोषणा की तारीख /Date Of Pronouncement : 11.06.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Ms.Anitha, Addl.CIT
Section 10Section 11Section 143(1)(a)

counsel submitted that it had admittedly filed belated return of income and the tax audit report and also that its request for condonation of delay was also rejected by the competent authority from revenue. The Ld.Counsel submitted that its claim of exemption u/s 11 was thus withdrawn ... been denied by the Revenue in view of delayed filing of its return of income and tax audit reports. The request for condonation of delay has also been rejected by the Revenue. No Page - 2 - of 7 valid claim of exemption u/s 11 therefore exists. We have noted that

Sanvedna Educational and Charitable Turst, Mumbai vs. ITO, Exemption Ward, Thane

In the result the appeal filed by the Assessee stands dismissed as withdrawn with liberty as granted above

ITA 2609/MUM/2025[2021-22]Status: DisposedITAT Mumbai11 Jun 2025AY 2021-22

Bench: Shri Narender Kumar Choudhryassessment Year: 2021-22 Sanvedna Educational & Ito, Exemption Ward, Charitable Trust Thane Room No.208,2Nd Floor, C/O Chandu Hansha Dalvi, Vs. House No. 52, Anand Koliwada, Reac, Thane Dativali Village, Diva(East), Mumbai-400602 District Thane, Mumbai- 400612 Pan: Aagts4216G (Appellant) (Respondent) Present For: Assessee By : Shri Prayag Jha Revenue By : Shri Kavan Limbasiya, Ld. Sr.D.R. Date Of Hearing : 11.06.2025 Date Of Pronouncement : 11.06.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 14.02.2025, 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. 2021-22. 2. On Deliberation, The Assessee Has Claimed That There Was A Delay In Filing Of Form No. 10 For Claiming Benefit U/S 11 Of The Act & Therefore The Benefit U/S 11 Of The Act Has Been Denied By Both The Authorities Below.

For Appellant: Shri Prayag JhaFor Respondent: Shri Kavan Limbasiya, Ld. Sr.D.R
Section 11Section 115BSection 139(1)Section 250

officers such as Pr. Commissioners of Income Tax (Pr. ClT’)/ Commissioners of Income Tax (‘CIT’) to admit and deal with the applications for condonation of delay in filing of Form No. 10-IC or Form No. 10-ID for Assessment Years 2020-21, 2021-22 and 2022-23 where there ... CCIT’)/ Chief Commissioners of Income Tax (‘CCIT’)/Directors General of Income Tax (‘DGIT’) to admit and deal with the applications for condonation of delay where there is a delay of more than 365 days while ensuring that the following conditions are satisfied while deciding such applications: The return of income