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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

Om Siddhi Vijay Mandal, Mumbai vs. Commissioner of Income Tax (Exemption), Mumbai

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

ITA 1798/MUM/2025[N.A ]Status: DisposedITAT Mumbai15 May 2025

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriआयकर अपील सं./Ita No. 1798/Mum/2025 (निर्धारण वर्ष / Assessment Year :N.A.) Om Siddhi Vijay Mandal 9/162, Khimji Nagji Building, Senapati Bapat Marg, Lower Parel (W.), Mumbai-400013 V/S. Cit(Exemption), Mumbai बनाम Room No. 601, 6Th Floor, Cumballa Hill, Mtnl Te Building, Pedder Road, Dr. Gopalrao Deshmukh Marg, Mumbai-400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaato5189J Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से /Assessee By: Ms. Neha Paranjpe राजस्व की ओर से /Revenue By: Mr. R. A. Dhyani सुनवाई की तारीख / Date Of Hearing 30.04.2025 घोषणा की तारीख/Date Of Pronouncement 15.05.2025 आदेश / Order Per Renu Jauhri [Α.Μ.] :- This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Exemptions), Mumbai-/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)"] Dated 29.12.2024 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”]. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Ms. Neha ParanjpeFor Respondent: Mr. R. A. Dhyani
Section 12ASection 250

outset, it is noticed that there is a delay of 18 days in filing the appeal. The assessee has filed a petition for condonation of delay explaining that the trustee who is looking after the compliance work of the assessee trust was unwell and hospitalised at the time when

Srikanth Atluri, Vijayawada vs. Income Txa Officer, Ward-2(3), Vijayawada

In the result, appeal of the assessee is allowed

ITA 491/VIZ/2024[2021-22]Status: DisposedITAT Visakhapatnam14 May 2025AY 2021-22

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.491/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2021-22) Srikanth Atluri V. Income Tax Officer – Ward – 2(3) Vijayawada, Andhra Pradesh 30-13/1-18, Durgaagraharam Vijayawada – 520002 Andhra Pradesh [Pan:Afrpa5568H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri C. Subrahmanyam, Ca राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr. Ar

Section 154Section 250Section 90

appeal, the Ld. Authorised Representative [hereinafter “Ld.AR”] drew our attention to the affidavit filed by the assessee along with a petition seeking for condonation of delay and read out the contents of the petition which is as under: “The appellant respectfully submits the following for the condonation ofdelay in filing ... fide intent but arose from genuine and unavoidable personal reasons. In light of the above, the Hon'ble Bench is kindly requested to condone the delay of 51 days in filing the appeal and consider the case on itsmerits” 3. On perusal of the contents of the affidavit filed

Unus Abdulgafar Shaikh, Pune vs. ITO Ward 14(3), Pune

In the result, appeal of the assessee in ITA No

ITA 655/PUN/2025[2017-18]Status: DisposedITAT Pune14 May 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.652 To 655/Pun/2025 िनधा"रण वष" / Assessment Years: 2014-15 To 2017-18 Unusabdulgafar Shaikh, V The Income Tax Officer, Talwadiuruli Kanchan, Pune- S. Ward-14(3), Pune. Solapur Road, Haveli, Pune – 412202. Maharashtra. Pan: Aceps8721Q Appellant/ Assessee Respondent / Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri Vinod Pawar – Addl.Cit(Dr) Date Of Hearing 08/05/2025 Date Of Pronouncement 14/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Four Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, 1961, Respectively. For The Sake Of Convenience, These Four Appeals Were Heard Together & Are Being Disposed Of By This Common Order.We Treat Appeal In Ita No.652/Pun/2025 As “Lead Case”. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 147Section 148Section 153CSection 250Section 251(2)Section 44ASection 69A

Delay. Ld.AR vehemently pleaded that there was sufficient reason for Delay and ld.CIT(A) should have ITA Nos.652 to 655/PUN/2025 (04 Appeals) [A] condoned the Delay. Ld.AR further pleaded that case may be se- aside to ld.CIT(A). Submission of ld.DR : 3. Ld.DR for the Revenue relied on the order ... Bombay High Court in the case of Vijay Vishin Meghani Vs. DCIT [2017] 398 ITR 250 (Bombay) while condoning the delay of 2984 days observed as under : Quote, “ 14. The assessee did not rest here. He supported this application with an affidavit of one Chandrashekhar, son of S.A. Yogeshwar

Unus Abdulgafar Shaikh, Pune vs. ITO Ward 14(3), Pune

In the result, appeal of the assessee in ITA No

ITA 654/PUN/2025[2016-17]Status: DisposedITAT Pune14 May 2025AY 2016-17

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.652 To 655/Pun/2025 िनधा"रण वष" / Assessment Years: 2014-15 To 2017-18 Unusabdulgafar Shaikh, V The Income Tax Officer, Talwadiuruli Kanchan, Pune- S. Ward-14(3), Pune. Solapur Road, Haveli, Pune – 412202. Maharashtra. Pan: Aceps8721Q Appellant/ Assessee Respondent / Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri Vinod Pawar – Addl.Cit(Dr) Date Of Hearing 08/05/2025 Date Of Pronouncement 14/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Four Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, 1961, Respectively. For The Sake Of Convenience, These Four Appeals Were Heard Together & Are Being Disposed Of By This Common Order.We Treat Appeal In Ita No.652/Pun/2025 As “Lead Case”. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 147Section 148Section 153CSection 250Section 251(2)Section 44ASection 69A

Delay. Ld.AR vehemently pleaded that there was sufficient reason for Delay and ld.CIT(A) should have ITA Nos.652 to 655/PUN/2025 (04 Appeals) [A] condoned the Delay. Ld.AR further pleaded that case may be se- aside to ld.CIT(A). Submission of ld.DR : 3. Ld.DR for the Revenue relied on the order ... Bombay High Court in the case of Vijay Vishin Meghani Vs. DCIT [2017] 398 ITR 250 (Bombay) while condoning the delay of 2984 days observed as under : Quote, “ 14. The assessee did not rest here. He supported this application with an affidavit of one Chandrashekhar, son of S.A. Yogeshwar

Unus Abdulgafar Shaikh, Pune vs. ITO Ward 14(3), Pune

In the result, appeal of the assessee in ITA No

ITA 653/PUN/2025[2015-16]Status: DisposedITAT Pune14 May 2025AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.652 To 655/Pun/2025 िनधा"रण वष" / Assessment Years: 2014-15 To 2017-18 Unusabdulgafar Shaikh, V The Income Tax Officer, Talwadiuruli Kanchan, Pune- S. Ward-14(3), Pune. Solapur Road, Haveli, Pune – 412202. Maharashtra. Pan: Aceps8721Q Appellant/ Assessee Respondent / Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri Vinod Pawar – Addl.Cit(Dr) Date Of Hearing 08/05/2025 Date Of Pronouncement 14/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Four Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, 1961, Respectively. For The Sake Of Convenience, These Four Appeals Were Heard Together & Are Being Disposed Of By This Common Order.We Treat Appeal In Ita No.652/Pun/2025 As “Lead Case”. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 147Section 148Section 153CSection 250Section 251(2)Section 44ASection 69A

Delay. Ld.AR vehemently pleaded that there was sufficient reason for Delay and ld.CIT(A) should have ITA Nos.652 to 655/PUN/2025 (04 Appeals) [A] condoned the Delay. Ld.AR further pleaded that case may be se- aside to ld.CIT(A). Submission of ld.DR : 3. Ld.DR for the Revenue relied on the order ... Bombay High Court in the case of Vijay Vishin Meghani Vs. DCIT [2017] 398 ITR 250 (Bombay) while condoning the delay of 2984 days observed as under : Quote, “ 14. The assessee did not rest here. He supported this application with an affidavit of one Chandrashekhar, son of S.A. Yogeshwar

Unus Abdulgafar Shaikh, Pune vs. ITO Ward 14(3), Pune

In the result, appeal of the assessee in ITA No

ITA 652/PUN/2025[2014-15]Status: DisposedITAT Pune14 May 2025AY 2014-15

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.652 To 655/Pun/2025 िनधा"रण वष" / Assessment Years: 2014-15 To 2017-18 Unusabdulgafar Shaikh, V The Income Tax Officer, Talwadiuruli Kanchan, Pune- S. Ward-14(3), Pune. Solapur Road, Haveli, Pune – 412202. Maharashtra. Pan: Aceps8721Q Appellant/ Assessee Respondent / Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri Vinod Pawar – Addl.Cit(Dr) Date Of Hearing 08/05/2025 Date Of Pronouncement 14/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Four Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, 1961, Respectively. For The Sake Of Convenience, These Four Appeals Were Heard Together & Are Being Disposed Of By This Common Order.We Treat Appeal In Ita No.652/Pun/2025 As “Lead Case”. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 147Section 148Section 153CSection 250Section 251(2)Section 44ASection 69A

Delay. Ld.AR vehemently pleaded that there was sufficient reason for Delay and ld.CIT(A) should have ITA Nos.652 to 655/PUN/2025 (04 Appeals) [A] condoned the Delay. Ld.AR further pleaded that case may be se- aside to ld.CIT(A). Submission of ld.DR : 3. Ld.DR for the Revenue relied on the order ... Bombay High Court in the case of Vijay Vishin Meghani Vs. DCIT [2017] 398 ITR 250 (Bombay) while condoning the delay of 2984 days observed as under : Quote, “ 14. The assessee did not rest here. He supported this application with an affidavit of one Chandrashekhar, son of S.A. Yogeshwar