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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

Dd Puri Foundation, Patiala vs. Income Tax Officer, Ward-3, Patiala

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

ITA 68/CHANDI/2025[2021-22]Status: DisposedITAT Chandigarh30 May 2025AY 2021-22

Bench: Shri Sanjay Gargआयकरअपीलसं./Ita No.68/Chd/2025 िनधा"रणवष" / Assessment Year : 2021-22 बनाम D.D.Puri Foundation, The Ito, Amar Ashram, Lower Mall, Ward 3, Patiala, Punjab. Aayakar Bhawan, Patiala. "थायीलेखासं./Pan No. Aadtd4587C अपीलाथ"/Appellant ""थ"/Respondent ( Physical Hearing ) िनधा""रतीकीओरसे/Assessee By : Sh. Parikshit Aggarwal,C.A. राज"कीओरसे/ Revenue By : Sh.Vivek Vardhan,Addl. Cit.Sr. Dr. सुनवाईकीतारीख/Date Of Hearing : 28-05-2025 उदघोषणाकीतारीख/Date Of Pronouncement : 30-05-2025 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12-06-2023 Passed By The Ld. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi[Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2021-22. 2. The Assessee In This Appeal Is Aggrieved From The Dismissal Of The Appeal By The Ld. Cit(A) Holding The Same As Barred By Limitation. There Is A Delay Of 499 Days In Filing The Present Appeal

For Appellant: Sh. Parikshit Aggarwal,C.AFor Respondent: Sh.Vivek Vardhan,Addl. CIT.Sr. Dr
Section 143(1)

delay of 499 days in filing the present appeal 68-Chd-2025 DD Puri Foundation, Patiala. 2 A separate application for condonation of delay has been filed. 3. At the outset, the ld. Counsel for the Assessee has submitted that the Assessing Officer ( C.P.C.) while processing the return ... before this Tribunal as well as before CIT(A) was not intentional rather, was due to the circumstances as narrated above. I, therefore, condone the delay in filing the present appeal before this Tribunal. 6. Considering the facts and circumstances of the case in my view that the interest

The Buzurag Co-Op. Agriservices Society, Jagraon vs. Income Tax Officer, Ward-2, Jagraon

ITA 39/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh30 May 2025AY 2017-18

Bench: Shri Sanjay Gargआयकरअपीलसं./Ita No.39/Chd/2025 िनधा"रणवष" / Assessment Year : 2017-18 बनाम The Buzurag Co-Op. The Ito, Agroservices Society, Ward-2, Bururag, Birk, Tehsil Jagraon. Jagraon, District Ludhiana "थायीलेखासं./Pan No: Aabat-7981-P अपीलाथ"/Appellant ""थ"/Respondent ( Physicalhearing ) िनधा""रतीकीओरसे/Assessee By : Sh. Ashwani Kumar, Ca & Ms Muskan Garg, Ca राज"कीओरसे/ Revenue By : Dr. Ranjit Kaur, Addl. Cit, Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 26.05.2025 उदघोषणाकीतारीख/Date Of Pronouncement : 30-05-2025 आदेश/Order The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04-12-2023 Passed By The Ld. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi[Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2017-18. 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Cit(A) In Confirming The Addition Made By The Assessing Officer (A.O.) Of Rs. 9,24,070/- On Account Of Cash Deposit In The Bank

For Appellant: Sh. Ashwani Kumar, CA and Ms Muskan Garg, CAFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR

account treated as deposit from unexplained sources. The appeal of the assessee is time barred by 313 days. A separate application for condonation of delay has been filed, wherein, it has been pleaded that e-mail address at which notices have been served by CIT(A), was of the earlier

Shreenath Mhaskoba Sakhar Karkhana Ltd, Pune vs. DCIT, Circle-5, Pune

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

ITA 305/PUN/2025[2018-19]Status: DisposedITAT Pune30 May 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.305/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Shreenath Mhaskoba Sakhar Vs. Dcit, Circle-5, Pune. Karkhana Ltd., Survey No.12/2, 2Nd Floor, Meghdoot Building, Behind Bharat Petroleum Pump, Hadpasar, Pune- 411028. Pan : Aahcs3018G Appellant Respondent Assessee By : Shri B.D. Bhide Revenue By : Shri A. D. Kulkarni Date Of Hearing : 02.04.2025 Date Of Pronouncement : 30.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.12.2024 Passed By Ld. Addl/Jcit(A)-7, Kolkata [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “Being Aggrieved By An Order Passed U/Sec.250 By The Ld. Cit(A)- Nfac, Delhi (Hereinafter Referred For Short As The Ld. Cit(A)) Your

For Appellant: Shri B.D. BhideFor Respondent: Shri A. D. Kulkarni
Section 116Section 139(1)Section 143Section 143(1)Section 143(3)Section 250Section 438Section 43BSection 80Section 80I

advised to file an appeal as against the intimation under section 143(1) of the Act, a liberal approach may be taken for condonation of delay since assessee’s application for rectification of the intimation under section 143(1) of the Act has been filed within time and same

Mohit Sukhija, New Delhi vs. Nfa, New Delhi

In the result, appeal filed by the assessee is allowed

ITA 4661/DEL/2024[2017-18]Status: DisposedITAT Delhi30 May 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Manish Agarwalmohit Sukhija, Nfa, 7D, Pocket A, Vikas Puri, New Delhi New Delhi-110018 Vs. Pan: Andps5089H (Appellant) (Respondent) Assessee By Sh. Anil Chopra, Ca Department By Sh.Virender Kumar Singh, Sr.Dr Date Of Hearing 07.05.2025 Date Of Pronouncement 30.05.2025 O R D E R Per Manish Agarwal, Am: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, New Delhi [“Ld. Cit(A)”], Dated 29.08.2023 In Appeal No. Nfac/2016-17/10164171 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2017-18. 2. This Appeal Filed By The Assessee Is Delayed By 343 Days. For The Delay, Assessee Filed An Application For Condonation Of Delay Wherein It Is Stated That Assessee Was Out Of Country When The Order Of Commissioner Of Income Tax (Appeal) Was Passed & Served Through E-Filing Portal. Therefore, He Was Not Aware About The Order Of Ld. Cit(A) & The Appeal Could Not Be Filed In Time. He Also Filed The Copy Of The Passport Having Visa & Details Of Travelling Outside India, In Support Of The Claim That He Was Out Of India During The Period When The Order Was Served Upon Him. He Further Stated That As Soon He Returned To India & Came To Know About The Order Of Ld. Cit (A), Immediately He Filed The Appeal & Therefore, Prayed For The Condonation Of Delay In Filing The Appeal.

Section 142(1)Section 144Section 148Section 250Section 44ASection 69A

Year 2017-18. 2. This appeal filed by the assessee is delayed by 343 days. For the delay, assessee filed an application for condonation of delay wherein it is stated that assessee was out of country when the order of Commissioner of Income Tax (Appeal) was passed and served through ... India and came to know about the order of ld. CIT (A), immediately he filed the appeal and therefore, prayed for the condonation of delay in filing the appeal. 3. After considering the application filed by the assessee and the reason stated therein, we find that the assessee has sufficient