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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

Wsg Venture Pvt. Ltd., Kanpur vs. Dct, Circle-2(1)(1), Kanpur

In the result, the appeal of the assessee is dismissed

ITA 211/LKW/2025[2022-23]Status: DisposedITAT Lucknow29 May 2025AY 2022-23

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2022-23 Wsg Venture Pvt. Ltd., Vs. The Dcit, 1-59, Mig, Word Bank Barra, Circle 2(1)(1), Kanpur Kanpur-208027 Pan:Aaccw7342L (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Sunil Kumar Rajwanshi, Addl. Cit Dr Date Of Hearing: 21.05.2025 Date Of Pronouncement: 29.05.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal By The Assessee Against The Order Of The Ld. Pcit-1, Kanpur Passed Under Section 119 Of The Income Tax Act, 1961 On 5.12.2024 Refusing To Condone The Delay In Filing The Income Tax Return For The Assessment Year 2022-23 With The Claimed Refund Of Rs. 10,000/-. The Grounds Of Appeal Are As Under:- “01. That Due To Mistake Of Counsel, The Itr For The Ay 2022-23 Could Not Be Filed Of The Assessee Company, Whereas The Certificate Of The Counsel Was Also Filed, But Ignore The Same & Rejected The Petition Moved U/S.119(2)(B) Of The Act, Which Action Of The Pr. Cit Is Contrary To Fact & Be Quashed. 02. That The Order Passed By The Pr. Cit U/S.119 Of The Income Tax Act Reject The Petition For Condonation Of Delay Moved U/S.119(2)(B) Of The Act Is Not Lawful, Bad In Law, Be Quashed. 03. That The Pr. Cit As Well As Cpc Has Erred On Facts & In Law In Arbitrarily Rejecting The Petition Of The Assessee Company To Rectify The Return Of Income, Which Should Ought To Have Done. A.Y. 2022-23 Wsg Venture Pvt. Ltd. 04. That The Order Passed By The Pr. Cit U/S 119 Dated 05.12.2024 Is Erroneous, Misconceived, Contrary To Facts, Bad In Law & Be Modified.”

For Appellant: NoneFor Respondent: Sh. Sunil Kumar Rajwanshi, Addl. CIT DR
Section 10Section 115VSection 119Section 119(2)(b)Section 12ASection 132Section 143Section 144BSection 147Section 153A

against the order of the ld. PCIT-1, Kanpur passed under section 119 of the Income Tax Act, 1961 on 5.12.2024 refusing to condone the delay in filing the income tax return for the assessment year 2022-23 with the claimed refund of Rs. 10,000/-. The grounds of appeal ... fact and be quashed. 02. THAT the order passed by the Pr. CIT u/s.119 of the Income Tax Act reject the petition for condonation of delay moved u/s.119(2)(b) of the Act is not lawful, bad in law, be quashed. 03. THAT the Pr. CIT as well

Rupesh Mahendra Kankariya, Ahmednagar vs. ITO Ward 1, Ahmednahgar, Ahmednagar

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

ITA 465/PUN/2025[2013-14]Status: DisposedITAT Pune29 May 2025AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.465/Pun/2025 िनधा"रण वष" / Assessment Year : 2013-14 Rupesh Mahendra Kankariya, Vs. Ito, Ward-1, Ahmednagar. B Namrata Marbles, Tilak Road, Ahmednagar- 414001. Pan : Arspk8493L Appellant Respondent Assessee By : Miss Kimaya Kudva Revenue By Shri Milind Debaje : Date Of Hearing 22.04.2025 : Date Of Pronouncement : 29.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.08.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In; I. Concluding That The Appellant'S Request For Condonation Of Delay In Filing The Appeal Was Without Any Reasonable Cause, Rejecting The Application & Dismissing The Appeal In Limine. Ii. Dismissing The Appeal Ex-Parte Without Adjudicating The Ground Challenging Levy Of Penalty Of Appeal On Merits.

For Appellant: Miss Kimaya Kudva
Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 274

facts and circumstances of the case and in law, the CIT(A) erred in; i. Concluding that the appellant's request for condonation of delay in filing the appeal was without any reasonable cause, rejecting the application and dismissing the appeal in limine. ii. Dismissing the appeal ex-parte without ... After considering the reply of the assessee, Ld. CIT(A)/NFAC did not condone the delay and dismissed the appeal filed by the assessee without admitting the same for adjudication since there was delay in filing of appeal before him about 2 months and 16 days. It is this order

Vardayini Co-Operative Housing Society Limited, Pune vs. Income Tax Officer, Ward-2(2), Pune

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

ITA 1991/PUN/2024[2020-21]Status: DisposedITAT Pune29 May 2025AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1991/Pun/2024 िनधा"रण वष" / Assessment Year : 2020-21 Vardayini Co-Operative Vs. Ito, Ward-2(2), Pune. Housing Society Limited, Plot No.96, Vardayini Sangruh Marva, Pashan Sus Road, Pune- 411021. Pan : Aabav3603Q Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Arvind Desai Date Of Hearing : 05.03.2025 Date Of Pronouncement : 29.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, Lower Authorities Have Erred In Considering The Gross Total Income Of Rs. 6,32,09,055/- As Assessed Income Of The Appellant, Without Appreciating The Fact That Out Of This Rs. 5,35,00,000/- Is Already Offered For Taxation & Taxes Due Thereon Are Fully Paid

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Arvind Desai
Section 139(4)Section 143(2)Section 144Section 80ASection 80PSection 80P(2)(d)

However, we also find that CBDT has issued Circular No.13/2023 [F. NO. 173/21/2023-ITA-I] wherein liberty was given to the assessee to pray for condonation of delay in filing of return of income, which reads as under :- “CIRCULAR NO. 13/2023 [F. NO. 173/21/2023-ITA-I], DATED 26-7-2023 Section ... operative societies claiming deduction u/s 80P of the Act for various assessment years from AY 2018-19 to AY 2022-23, regarding condonation of delay in furnishing return of income and to treat such returns as 'returns furnished within the due date under sub-section (1) of section

A.K. Properties Pvt. Ltd., Purba Medinipur vs. I.T.O., Ward - 27(3), Haldia

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

ITA 2498/KOL/2024[2017-2018]Status: DisposedITAT Kolkata29 May 2025AY 2017-2018

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 2498/Kol/2024 Assessment Year: 2017-2018 A.K. Properties Pvt. Limited,………….…………Appellant Vill. Kalikakhali, P.O. + P.S. Math Cahndipur, Tamluk, Purba Medinipur-721659, West Bengal [Pan:Aagca4016P] -Vs.- Income Tax Officer,………………….…………...Respondent Ward-27(3), Haldia, Income Tax Office, Basudebpur, Talpukur, Khanjanchak, Haldia, Purba Medinipur-721101, W.B. Appearances By: Shri Anand Sen, A.R., Appeared On Behalf Of The Assessee Shri L.N. Dash, Addl. Cit(D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: March 12, 2025 Date Of Pronouncing The Order: May 29, 2025 O R D E R

Section 142Section 143(2)Section 69A

submissions made by the assessee, the ld. CIT(Appeals) dismissed the appeal saying that the assessee failed to establish the reasonable cause to condone the delay of 563 days. 4. On being aggrieved, the assessee preferred an appeal before the ITAT and raised the following issues:- (1) For that ... pragmatic manner. (4) For that in any event and without prejudice the ld. CIT(A), NFAC consequent on filing of appeal along with condonation of delay having issued the notices dated 6th June, 2022 and 25th January, 2024 eliciting response in the matter on merits ought not to have thereafter

Ashok Agencies, Salem vs. ITO, TDS, Salem

In the result, the appeal filed by the assessee is dismissed

ITA 474/CHNY/2025[2022-23]Status: DisposedITAT Chennai29 May 2025AY 2022-23

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.474/Chny/2025 िनधा"रण वष"/Assessment Year: 2022-23 Ashok Agencies, Vs. The Income Tax Officer, 70, 71, Chinna Thirupathi Main Road, Tds, Salem. Salem 636 008, Tamil Nadu. [Pan:Aaffa4962N] [Tan:Chea08311C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. G. Vardini Karthik, Advocate ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2022-23. 2. We Find That This Appeal Is Filed With A Delay Of 140 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: Ms. G. Vardini Karthik, AdvocateFor Respondent: Shri P. Krishna Kumar, JCIT
Section 200ASection 234E

year 2022-23. 2. We find that this appeal is filed with a delay of 140 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, 2 I.T.A. No.474/Chny/25 we find the reasons stated

Anwar Sulthan Akbar Ali, Tiruvallur vs. ITO, Ncw-19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 461/CHNY/2025[2013-14]Status: DisposedITAT Chennai29 May 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.460 & 461/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 Anwar Sulthan Akbar Ali, Vs. The Income Tax Officer, No. 5131, Mosque Road, Non Corporate Ward 19(3), Ayapakkam, Tiruvallur 600 077. Chennai. [Pan:Aonpa4265J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Both Dated 20.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2013-14. 2. First, We Shall Take Up Appeal In Ita No. 460/Chny/2025 For Adjudication Of Confirmation Of Quantum Addition.

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Shri P. Krishna Kumar, JCIT
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 271Section 69A

I.T.A. Nos.460 & 461/Chny/25 3. We find that this appeal was filed with a delay of 14 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee ... thus, in the interest of justice, we deem it proper to remand the matter to the file of the ld. CIT(A) to condone the delay and decide the issues afresh on merits after considering the written submissions/ documentary evidences as may be filed by the assessee to substantiate

Anwar Sulthan Akbar Ali, Tiruvallur vs. ITO, Ncw-19(3), Chennai

In the result, the appeal filed by the assessee in ITA No

ITA 460/CHNY/2025[2013-14]Status: DisposedITAT Chennai29 May 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. Nos.460 & 461/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 Anwar Sulthan Akbar Ali, Vs. The Income Tax Officer, No. 5131, Mosque Road, Non Corporate Ward 19(3), Ayapakkam, Tiruvallur 600 077. Chennai. [Pan:Aonpa4265J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, F.C.A. ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Both Dated 20.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2013-14. 2. First, We Shall Take Up Appeal In Ita No. 460/Chny/2025 For Adjudication Of Confirmation Of Quantum Addition.

For Appellant: Shri Y. Sridhar, F.C.AFor Respondent: Shri P. Krishna Kumar, JCIT
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 271Section 69A

I.T.A. Nos.460 & 461/Chny/25 3. We find that this appeal was filed with a delay of 14 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee ... thus, in the interest of justice, we deem it proper to remand the matter to the file of the ld. CIT(A) to condone the delay and decide the issues afresh on merits after considering the written submissions/ documentary evidences as may be filed by the assessee to substantiate

The Dharmapuri Dt. Co-Op Sugar Mills Ltd., Salem vs. ITO, Ward-1, Dharmapuri

In the result, the appeal filed by the assessee is allowed

ITA 389/CHNY/2025[2013-14]Status: DisposedITAT Chennai29 May 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.389/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 The Dharmapuri Dt. Co-Op. Sugar Vs. The Income Tax Officer, Mills Ltd., No. 1, Thimmana Halli, Ward 1, Hosur Road, Palacode 636 808, Dharmapuri. Dharmapuri District, Tamil Nadu. [Pan:Aaaat3145Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate (Erode) ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.05.2024 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 191 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Shri P. Krishna Kumar, JCIT
Section 80P(2)(a)

year 2013-14. 2. We find that this appeal is filed with a delay of 191 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee

Chengalvarayan Banuprakash, Okkyam Thoraipakkam vs. Office of the Commissioner of Income Tax Appeal, Addl / JCIT(A), Thane

In the result, the appeal filed by the assessee is dismissed

ITA 362/CHNY/2025[2017-18]Status: DisposedITAT Chennai29 May 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.362/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Chengalvarayan Banuprakash, Vs. The Income Tax Officer, Plot No. 35, 2Nd Floor, 2C, Royal Non Corporate Ward 17(6), Enclave, Annai Indira Nagar, Okkyam Chennai. Thoraipakkam, Chennai 600 097. [Pan:Ajkpb3125C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 05.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.03.2024 Passed By The Addl./Jcit(A), Thane For The Assessment Year 2017-18. 2. We Note That This Appeal Was Filed On 03.02.2025 & After Scrutiny; The Registry Fixed The Appeal For Hearing On 28.04.2025. Accordingly, A Notice Dated 21.03.2025 Issued To The Assessee By Rpad Intimating The Said Date Of Hearing Along With A Defect Memo. We Note That The Assessee Rectified The Defect Notified By The Registry. When The Appeal

For Appellant: NoneFor Respondent: Shri P. Krishna Kumar, JCIT
Section 133(6)Section 142(1)Section 143(2)Section 69ASection 80E

available on record. 3. We find that this appeal is filed with a delay of 248 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee