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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

Mahendra Singh Naruka, Jaipur vs. Assistant Commissioner of Income Tax, Central Circle-3, Jaipur

In the result, the appeal of the assesseein ITA no

ITA 205/JPR/2025[2016-17]Status: DisposedITAT Jaipur04 Jun 2025AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं. / ITA. No. 204 & 205/JPR/2025 निर्धारणवर्ष / AssessmentYears : 2015-16 & 2016-17 Shri Mahendra Singh Naruka B-536, J.D.A. Colony Malivya Nagar, Jaipur 302 017 अपीलार्थी / Appellant स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: ABUPN 1656 J बनाम Vs. The ACIT Central Circle-3 Jaipur प्रत्यर्थी / Respondent निधर्धारिती की ओरसे / Assesseeby : Shri S.R. Sharma, Advocate राजस्व की ओरसे /Revenue by : Mrs. Anita Rinesh

For Appellant: Shri S.R. Sharma, AdvocateFor Respondent: Mrs. Anita Rinesh, JCIT -DR a
Section 115BSection 143(3)Section 153ASection 68

days in filing both the appeals by the assessee for which the assessee has filed an application dated 11-02-2025 for condonation of delay narrating therein following reasoning:- Ref: Application for condonation of delay in filing the appeal. PAN: ABUPN1656J, A.Υ. 2015-16 and 2016-17. 1. With ... however, with a view to providing justice and to dispose off the case on merit the Bench adopts the lenient view and accordingly condone the delay, considering the overall facts presented before us. 3.1 As regards the appeal of the assessee in ITA No. 204/JPR/2025, the Bench noticed that

Mahendra Singh Naruka, Jaipur vs. Assistant Commissioner of Income Tax, Central Circle-3, Jaipur

In the result, the appeal of the assesseein ITA no

ITA 204/JPR/2025[2015-16]Status: DisposedITAT Jaipur04 Jun 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं. / ITA. No. 204 & 205/JPR/2025 निर्धारणवर्ष / AssessmentYears : 2015-16 & 2016-17 Shri Mahendra Singh Naruka B-536, J.D.A. Colony Malivya Nagar, Jaipur 302 017 अपीलार्थी / Appellant बनाम Vs. The ACIT Central Circle-3 Jaipur प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: ABUPN 1656 J निधर्धारिती की ओरसे / Assesseeby : Shri S.R. Sharma, Advocate राजस्व की ओरसे /Revenue by : Mrs. Anita Rinesh

For Appellant: Shri S.R. Sharma, AdvocateFor Respondent: Mrs. Anita Rinesh, JCIT -DR a
Section 115BSection 143(3)Section 153ASection 68

days in filing both the appeals by the assessee for which the assessee has filed an application dated 11-02-2025 for condonation of delay narrating therein following reasoning:- Ref: Application for condonation of delay in filing the appeal. PAN: ABUPN1656J, A.Υ. 2015-16 and 2016-17. 1. With ... however, with a view to providing justice and to dispose off the case on merit the Bench adopts the lenient view and accordingly condone the delay, considering the overall facts presented before us. 3.1 As regards the appeal of the assessee in ITA No. 204/JPR/2025, the Bench noticed that

Fcl Gahu Kamgar Sahkari Pat Sanstha Maryadit, Manmad vs. Income Tax Officer, Ward 1, Malegaon

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

ITA 1067/PUN/2025[2021-22]Status: DisposedITAT Pune04 Jun 2025AY 2021-22

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1067/Pun/2025 िनधा"रण वष" / Assessment Year: 2021-22 Fcl Gahu Komgar Sahakari V The Income Tax Officer, Pat Sanstha Maryadit, S Ward-1, Malegaon. New Hall, Food Corporation Of India, Tal Nangaon, Manmad. Maharashtra – 423104. Pan: Aaaaf1271D Appellant/ Assessee Respondent / Revenue Assessee By None. Revenue By Smt. Sonal L Sonkavde –Addl.Cit(Dr) Date Of Hearing 02/06/2025 Date Of Pronouncement 04/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi Under Section 250 Of The Income Tax Act, 1961 Dated 25.02.2025 For The A.Y.2021-22. The Assessee Has Raised The Following Grounds Of Appeal :

Section 139(1)Section 143(2)Section 143(3)Section 250Section 70Section 80PSection 80P(2)(a)Section 80P(2)(d)Section 81

facts and in the circumstances of the case and in law the learned CIT(A) has erred in not condoning the delay caused in failing an appeal before CIT(A). 2. On the facts and in the circumstances of the case and in law the learned ... justified in rejecting assessee's appeal by denying request to condone the delay and not on the merits on the case. 3. On the facts and in the circumstances of the case and in law the learned CIT(A) has not appreciated the fact that the issue of disallowance

Nataraja Ravichandran, Tirunelveli vs. ITO Circle 1, Tirunelveli

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

ITA 708/CHNY/2025[2016-17]Status: DisposedITAT Chennai04 Jun 2025AY 2016-17

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 708/Chny/2025 िनधा"रण वष"/Assessment Year:2016-17 Shri Nataraja Ravichandran, The Income Tax Officer, 26/10, B Aruna Building, Vs. Circle 1, Main Road, Krishnapuram, Tirunelveli. Kadayanallur, Tirunelveli – 627 751. Pan: Alcpr 6144D (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Y. Sridhar, Fca ""यथ" क" ओर से/Respondent By : Ms. Pryati Sharma, Jcit सुनवाई क" तारीख/Date Of Hearing : 04.06.2025 घोषणा क" तारीख/Date Of Pronouncement : 04.06.2025

For Appellant: Shri Y. Sridhar, FCAFor Respondent: Ms. Pryati Sharma, JCIT
Section 250

Assessment Year is 2016-17. 2. There is a delay of 8 days 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 Ld.CIT(A), we noted that the assessee had filed application for condonation of delay before the CIT(A) stating the reason that the assessee’s Chartered Accountant’s mother was passed away due to ill health. Therefore

Emraid Rims Pvt. Ltd., Chennai vs. DCIT, Corporate Circle-1(1), Chennai

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

ITA 674/CHNY/2025[2017-18]Status: DisposedITAT Chennai03 Jun 2025AY 2017-18

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 674/Chny/2025 िनधा"रण वष"/Assessment Year:2017-18 Emrald Rims Pvt. Ltd., The Deputy Commissioner Now Amalgamated With Vs. Of Income Tax, Emerald Tyre Manufacturers Pvt. Corporate Circle 1(1), Ltd., Chennai. No.3, Krv House, Nineth Lane, Shashtri Nagar, Adyar, Chennai – 600 020. Pan: Aaace 9718N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shris. Velpandiar, Advocate ""यथ" क" ओर से/Respondent By : Ms. Pryati Sharma, Jcit सुनवाई क" तारीख/Date Of Hearing : 03.06.2025 घोषणा क" तारीख/Date Of Pronouncement : 03.06.2025

For Appellant: ShriS. Velpandiar, AdvocateFor Respondent: Ms. Pryati Sharma, JCIT
Section 250

condonation application at the time of filing the appeal before the CIT(A). Therefore, the assessee has submitted that the grounds for condonation of delay ‘will be submitted later’. However, the assessee had omitted to furnish the reason for delay. The CIT(A) without giving notice, had rejected the appeal ... submissions and perused the material on record. The appeal filed by the assessee has been dismissed by the CIT(A) in limine without condoning the delay of 170 days. Admittedly, the assessee had not filed the condonation petition. The CIT(A) without issuing defect notice to the assessee had dismissed

Thangavel Muthulakshmi, Coimbatore vs. ITO, Ward-2(4), Tiruppur

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

ITA 669/CHNY/2025[2020-21]Status: DisposedITAT Chennai03 Jun 2025AY 2020-21

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 669/Chny/2025 िनधा"रण वष"/Assessment Year:2020-21 Ms. Thangavel Muthulakshmi, The Income Tax Officer, 45, V G Rao Nagar, Vs. Ward 2(4), Tiruppur Road, Tiruppur. Udumalpet, Coimbatore – 642 126. Pan: Auhpm 8048F (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Shrenik Chordia, Ca ""यथ" क" ओर से/Respondent By : Ms. E. Pavuna Sundari, Cit सुनवाई क" तारीख/Date Of Hearing : 03.06.2025 घोषणा क" तारीख/Date Of Pronouncement : 03.06.2025

For Appellant: Shri Shrenik Chordia, CAFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 147Section 250

detailed condonation application before the First Appellate Authority (FAA). The learned AR further submitted that CIT(A) has referred to the reasons for condonation of delay and the order of AO in some other case and erroneously not condoned the delay. The learned AR had placed on record the Form ... afresh. 5. We have heard the rival submissions and perused the material on record. The CIT(A) has passed ex-parte Order without condoning the delay of 250 days in filing the appeal before him. The CIT(A) at para 2.7 of the impugned Order had extracted the reason

Paulpandian Uthamaraj Winston, Chennai vs. PCIT, Central Circle-1, Chennai

In the result, all the appeals filed by both the assessees are allowed

ITA 425/CHNY/2025[2018-19]Status: DisposedITAT Chennai03 Jun 2025AY 2018-19

Bench: Shri S.S.Viswanethra Ravi & Shri S. R. Raghunathaआयकरअपीलसं/.Ita Nos.:418 To 421/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Perinba Raja Ramesh, Pcit (Central) No.37, Rameswaram Road, T.Nagar, Vs. Chennai-1 Chennai-600 017. [Pan: Adfpp-5207-J] (प्रत्यथी/Respondent) (अपीलाथी/Appellant) & आयकरअपीलसं/.Ita Nos.:422 To 425/Chny/2025 धनधाारणवर्ा / Assessment Years: 2014-15, 2015-16, 2016-17 & 2018-19 Shri Paulpandianuthamaraj Pcit (Central) Winston, Vs. Chennai-1 No.37, Rameswaram Road, T.Nagar, Chennai-600 017. [Pan: Aabpu-5409-L] (प्रत्यथी/Respondent) (अपीलाथी/Appellant)

For Appellant: Shri Y.Sridhar, F.C.AFor Respondent: Ms.E.Pavuna Sundari, CIT
Section 133ASection 142(1)Section 147Section 24Section 263Section 263(1)

There was a delay of 257 days in filing the appeal by the above assessees. The Ld.DR stated in the affidavit for condonation of delay that due to fault of previous Auditor of the assessee, order u/s.263 of the Act was not contested before the ITAT. Moreover, he wrongly opined ... still prevail. Therefore, the appeals could not be filed within the stipulated period and hence, the present A.R for the assessee seeks for condonation of delay. Having found the reason stated comes under reasonable cause for the delay, we condone the delay in filing of appeals and admitted the same