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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

Saramma Thomas Thankachan, Kollam vs. ITO, National Faceless Assessment Centre, Delhi

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

ITA 839/COCH/2024[2016-17]Status: DisposedITAT Cochin16 May 2025AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessmentyear:2016-17 Saramma Thomas Thankachan Robin Cottage Nedumpaikulam Ito& Vs. Kundara Po Nfac, Kerala 691 501 Delhi Pan No :Audpt5972D Appellant Respondent Appellant By : Shri N.S. Panicker, A.R. Respondent By : Smt. Leena Lal, Sr. D.R. Date Of Hearing : 19.02.2025 Date Of Pronouncement : 16.05.2025 O R D E R Perkeshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Cit(A)/Nfac Dated 9.8.2024 Vide Din & Order No.Itba/Nfac/S/250/2024-25/1067491706(1) For The Ay 2016- 17 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Shri N.S. Panicker, A.RFor Respondent: Smt. Leena Lal, Sr. D.R
Section 142(1)Section 147Section 148Section 249(3)Section 250Section 68

/NFAC. The ld. CIT(A) observed that the reasons cited by the assessee are not found tenable and thus the prayer for condonation of delay filed by the assessee is not admissible. 6. Aggrieved by the order of ld. CIT(A)/NFAC, the assessee is in appeal before ... with medication as the assessee was diagnosed with breast cancer. Further, ld. CIT(A)/NFAC dismissed the appeal of the assessee by not condoning the delay in filing the appeal inspite of medical certificate produced before him and accordingly prayed that one more opportunity may be granted before

Eveline International, Ludhiana vs. Deputy Commissioner of Income Tax, Circle-4, Ludhiana

The appeal stand allowed for statistical purposes

ITA 942/CHANDI/2024[2021-22]Status: DisposedITAT Chandigarh16 May 2025AY 2021-22

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.942/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2021-22) M/S Everline International Dcit Circle-4 G.T.Road Aaykar Bhawan बनाम/ Vs. Ludhiana-141014 Rishi Nagar Ludhiana-141001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaafe-3412-C (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Ashwani Kumar (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 14-05-2025 घोषणाकीतारीख /Date Of Pronouncement : 16-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2021-22 Arises Out Of An Order Of Learned Addl. / Joint Commissioner Of Income Tax (Appeals), Jaipur [Cit(A)] Dated 09-07-2024 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 30-09-2022 Adding Back Profit On Foreign Exchange Rate For Rs.8.87 Lacs As Reported By Tax Auditor In The Tax Audit Report. The Ld. Cit(A) Did Not Admit The Appeal For Want Of Condonation Of Delay Of 48 Days. The Ld. Ar Stated That The Adjustment Has Happened Due To Incorrect Reporting In Tax Audit

For Appellant: Sh. Ashwani Kumar (CA) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 143(1)Section 154

Lacs as reported by Tax Auditor in the Tax Audit Report. The Ld. CIT(A) did not admit the appeal for want of condonation of delay of 48 days. The Ld. AR stated that the adjustment has happened due to incorrect reporting in Tax Audit Report which has since been

Mahebub Samsuddin Panjwani, Hyderabad vs. DCIT., Circle-8(1), Hyderabad

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

ITA 261/HYD/2025[2020-21]Status: DisposedITAT Hyderabad16 May 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita No.261/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2020-21) Shri Mahebub Samsuddin Vs. Dy.Cit Panjwani, Hyderabad Circle 8(1) Pan:Aiqpp2937D Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Ravi Gupta, Ca राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 15/05/2025 घोषणा की तारीख/Pronouncement: 16/05/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated, 25/10/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Y.2020-21. 2. There Is A Delay Of 49 Days In Filing The Present Appeal. The Assessee Has Filed An Application For Condonation Of Delay Which Is Supported By An Affidavit By The Assessee Explaining The Cause Of The Delay.

For Appellant: Shri Ravi Gupta, CAFor Respondent: : Dr. Sachin Kumar, DR
Section 144

A.Y.2020-21. 2. There is a delay of 49 days in filing the present appeal. The assessee has filed an application for condonation of delay which is supported by an affidavit by the assessee explaining the cause of the delay. Page 1 of 6 ITA No 261 of 2025 Mahebub Samsuddin ... Panjwani 3. We have heard the learned AR and the learned DR on the condonation of delay. The learned AR of the assessee has submitted that the assessement proceedings were going on during the Covid Pandemic 2019 and therefore, the assessee could not participate in the assessement proceedings and consequently