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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

Suvenjit Sen, Howrah vs. Income Tax Officer, Ward- 48(3), Kolkata

Appeals of the assessee are partly allowed

ITA 330/KOL/2025[2013-14]Status: DisposedITAT Kolkata26 May 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.329 & 330/Kol/2025 Assessment Years: 2012-13 & 2013-14 Suvenjit Sen……………….………….…………………………..….……….Appellant 3/1, N. C. Sen Lane, Salkia, Howrah-711106. [Pan: Ambps1594G] Vs. Ito, Ward-48(2), Kolkata……………....................……........……...…..…..Respondent Appearances By: Shri Anil Kochar, Ar Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 13, 2025 Date Of Pronouncing The Order : May 26, 2025 Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Assessee Against Two Separate Orders All Dated 26.06.2024 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2012-13 & 2013-14 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up The Issue In Respect Of Ita No.329/Kol/2025 For Assessment Year 2012-13. 2. At The Outset, The Registry Has Informed That There Are Delays Of 170 Days In Filing Both The Present Appeals. The Assessee Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause Which Was

Section 144Section 250

outset, the Registry has informed that there are delays of 170 days in filing both the present appeals. The assessee filed applications for condonation of delay stating reasons for such delay. After considering the applications, we find reasonable cause which was I.T.A. Nos.329 & 330/Kol/2025 Assessment Years ... Suvenjit Sen beyond the control of the assessee and the delays were not intentional. We, therefore, condone the delay in filing the appeals and adjudicate the appeals on merits of the case. 3. ITA No.329/Kol/2025 - Brief facts of the case are that the assessee filed his return of income

Suvenjit Sen, Howrah vs. Income Tax Officer, Ward- 48(2), Kolkata

Appeals of the assessee are partly allowed

ITA 329/KOL/2025[2012-13]Status: DisposedITAT Kolkata26 May 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.329 & 330/Kol/2025 Assessment Years: 2012-13 & 2013-14 Suvenjit Sen……………….………….…………………………..….……….Appellant 3/1, N. C. Sen Lane, Salkia, Howrah-711106. [Pan: Ambps1594G] Vs. Ito, Ward-48(2), Kolkata……………....................……........……...…..…..Respondent Appearances By: Shri Anil Kochar, Ar Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 13, 2025 Date Of Pronouncing The Order : May 26, 2025 Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Assessee Against Two Separate Orders All Dated 26.06.2024 Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2012-13 & 2013-14 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up The Issue In Respect Of Ita No.329/Kol/2025 For Assessment Year 2012-13. 2. At The Outset, The Registry Has Informed That There Are Delays Of 170 Days In Filing Both The Present Appeals. The Assessee Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause Which Was

Section 144Section 250

outset, the Registry has informed that there are delays of 170 days in filing both the present appeals. The assessee filed applications for condonation of delay stating reasons for such delay. After considering the applications, we find reasonable cause which was I.T.A. Nos.329 & 330/Kol/2025 Assessment Years ... Suvenjit Sen beyond the control of the assessee and the delays were not intentional. We, therefore, condone the delay in filing the appeals and adjudicate the appeals on merits of the case. 3. ITA No.329/Kol/2025 - Brief facts of the case are that the assessee filed his return of income

Kirankumar Kishorbhai Zankat, Kodinar vs. Income Tax Officer, Ward 4 Jnd, Veraval

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

ITA 244/RJT/2025[2013-14]Status: DisposedITAT Rajkot23 May 2025AY 2013-14

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.244/Rjt/2025 "नधा"रण वष"/Assessment Year : 2013-14 Kirakumar Kishorbhai Zankat Income Tax Officer, Ward-4, , बनाम/ Dr. Kishorkumar Zankat, Jnd Veraval-362 265 Shivam Park Society, Panadar Vs Road, Kodinar-362 720 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aagpz 7420 F (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Divyesh Sodha, Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Sr-Dr

For Appellant: Shri Divyesh Sodha, ARFor Respondent: Shri Dheeraj Kumr Gupta, Sr-DR
Section 143(3)Section 250

Appeal filed by the assessee for assessment year 2013-14, is barred by limitation by 363 days. The assessee moved a petition for condonation of delay, requesting the Bench to condone the delay. The contents of the petition for condonation of delay, are reproduced below: ITA No. 244/Rjt/2025 ... further prolonged. 6 In view of the above, the appellant respectfully prays that the Hon'ble Tribunal may kindly be pleased to condone the delay in filing the present appeal and admit the same for adjudication on merits, in the interest of justice” 3. At the outset, the Ld. Counsel

Ramesh Garware Charity Trust, Pune vs. Exemption Ward 1(1), Pune

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

ITA 776/PUN/2025[2018-2019]Status: DisposedITAT Pune23 May 2025AY 2018-2019

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.776/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 Ramesh Garware Charitable V The Exemption Ward- Trust, S. 1(1), Pune. P B Box 3, Ramesh Garware Farm, Nda Road, Khadakwasla, Pune – 411023. Maharashtra. Pan: Aaatr6365D Appellant/ Assessee Respondent / Revenue Assessee By Shri Dalpat Shah – Ar(Virtual) Revenue By Shri Vinod Pawar – Addl.Cit(Dr) Date Of Hearing 08/05/2025 Date Of Pronouncement 23/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Addl./Joint Commissioner Of Income Tax[Jcit(A)], Thiruvanantpura Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2018-19 Dated 14.08.2024. The Assessee Has Raised The Following Grounds Of Appeal :

Section 11(2)Section 143(1)Section 234Section 234BSection 234CSection 234FSection 250

filing by 220 days when no such notice dated 05.08.2024 (DIN ITBA/APL/F/APL_1/2024- 25/1067287837(1) was received by the Appellant Trust asking reason for condonation in delay of filing of said appeal on 24.11.2020 from the date of receipt of order U/sec 143(1) on 18.03.2020. 1.2. Without Prejudice, the said ... said CIT(A) ignored the submissions filed with paper compilation on 18.07.2024 and erred in issuing notice dated 05.08.2024 asking reason for condonation in delay of filing of said appeal. 1.4. Therefore, the said appeal shall be restored back to the file of CIT(A) for fresh adjudication