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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

M/S. Elite Realcon Pvt. Ltd.(Successor to Solid Information Pvt. Ltd.), Kolkata vs. ITO, Ward-2(2), Kolkata

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

ITA 681/KOL/2023[2011-12]Status: DisposedITAT Kolkata08 May 2025AY 2011-12

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.681/Kol/2023 (निर्धारण वर्ा / Assessment Year : 2011-2012) M/S Elite Realcon Private Ltd. Vs Ito, Ward-2(2), Kolkata (Successor To Solid Infracon Private Limited) 16 Ganesh Chandra Avenue, 7Th Floor, Kolkata Pan No. :Aacce 3338 C (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri C. Roy, Ar रधजस्व की ओर से /Revenue By : Shri P.N. Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/05/2025 घोषणा की तारीख/Date Of Pronouncement : 08/05/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre(Nfac), Delhi Dated 29.03.2022, Passed In Din & Order No.Itba/Nfac/S/250/2021-22/1041881225(1) For The Assessment Year 2011-2012. 2. Shri C. Roy, Ar, Appeared On Behalf Of The Assessee. Shri P.N.Barnwal, Cit-Dr Appeared On Behalf Of The Revenue. 3. The Appeal Filed By The Assessee Is Delayed By 404 Days For Which The Assessee Has Filed The Necessary Application For Condonation Of Delay. The Reasons Given In The Petition For Condonation Of Delay Are Found To Be Plausible & The Same Are Accepted & The Delay Of 404 Days In Filing The Appeal Is Condoned & The Appeal Is Disposed Off On Merits. 4. It Was Submitted By The Ld. Ar That The Assessee Company Namely Solid Infracon Pvt. Ltd. Had Merged With Elite Realcon Pvt. Ltd., Vide

For Appellant: Shri C. Roy, ARFor Respondent: Shri P.N. Barnwal, CIT-DR

revenue. 3. The appeal filed by the assessee is delayed by 404 days for which the assessee has filed the necessary application for condonation of delay. The reasons given in the petition for condonation of delay are found to be plausible and the same are accepted and the delay

Harishchandra Shreepat Bhane, Mumbai vs. Income Tax Officer Ward 3(4), Mumbai

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

ITA 1607/MUM/2025[2011-12]Status: DisposedITAT Mumbai08 May 2025AY 2011-12

Bench: Hon’Ble Shri Sandeep Gosainharishchandra Shreepat Vs. Ito – 3(4) Bhane Niwas, Jitendra Wadi Kalyan At Adivli Goan, Post Dwarli Goan, Ambernath, Thene Dist. Pan/Gir No. Arfpb7179 (Applicant) Respondent) Assessee By Shri Mahaveer Jain Revenue By Shri Avinash Karpe, Sr. Dr Date Of Hearing 01.05.2025 Date Of Pronouncement 08.05.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 30.08.2023 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2011-12. 2. At The Very Outset I Noticed That There Is A Delay Of 493 Days In Filing The Present Appeal By The Assessee . In This Regard Ld. Ar Has Filed An Application For Seeking

Section 250

filing the present appeal by the assessee . In this regard Ld. AR has filed an application for seeking 2 Harishchandra Shreepat, Mumbai condonation of delay in filing the appeal on the basis of reasons mentioned in the application. 3. On the other hand Ld. DR refuted the contents contained ... application and requested for dismissal of the same. 4. After having heard the counsel for both the parties on this application for seeking condonation of delay and considering the entire factual position as explained before us and also keeping in view the principles laid down by Hon'ble Supreme Court

Saroj Mahendrakumar Agarwal, Mumbai vs. Income Tax Officer- 25(3)(4), Mumbai

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

ITA 1605/MUM/2025[2011-12]Status: DisposedITAT Mumbai08 May 2025AY 2011-12

Bench: Hon’Ble Shri Sandeep Gosainsaroj Mahendra Kumar Vs. Ito – 25(3)(4) Agarwal Kautilya Bhawan, Bkc, 5/A, Pravin Bldg, Sundervan Bandra East, Mumbai – Chs, S.V. Road, Vile Parle 400051. (W), Mumbai – 400056. Pan/Gir No. Aabpa0184A (Applicant) Respondent) Assessee By Shri Rakesh Joshi Revenue By Shri Avinash Karpe, Sr. Dr Date Of Hearing 01.05.2025 Date Of Pronouncement 08.05.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 09.01.2025 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2011-12. 2. At The Very Outset I Noticed That There Is A Delay Of 340 Days In Filing The Present Appeal By The Assessee . In This Regard Ld. Ar Has Filed An Application For Seeking

Section 250

present appeal by the assessee . In this regard Ld. AR has filed an application for seeking 2 Saroj Mahendra Kumar Agarwal, Mumbai condonation of delay in filing the appeal on the basis of reasons mentioned in the application. 3. On the other hand Ld. DR refuted the contents contained ... application and requested for dismissal of the same. 4. After having heard the counsel for both the parties on this application for seeking condonation of delay and considering the entire factual position as explained before us and also keeping in view the principles laid down by Hon'ble Supreme Court

Bahuuddeshaiya Nagla Imarti Kisan Sewa Sahkari Samiti Limited, Nagla Imarti, Roorkeeq vs. Assessment Unit, Nafac, National Faceless Assessment Unit, New Delhi

In the result, appeals of the assessee are allowed for

ITA 119/DDN/2024[2015-16]Status: DisposedITAT Dehradun07 May 2025AY 2015-16

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraिनधा"रणवष"/Assessment Year: 2016-17 बनाम Bahuuddeshaiya Nagla Imarti Kisan Additional Joint Sewa Sahkari Samiti Limited, Vs. Deputy Assistant Village Nagla Imarti, Roorkee, Commissioner Of Income Tax, District Haridwar, Uttarakhand. Income Tax Officer, National Faceless Assessing Officer, Income Tax Office Building, 16, Civil Lines, Roorkee, Haridwar, Uttarakhand. Pan No.Aaban2705P अपीलाथ" Appellant ""यथ"/Respondent & िनधा"रणवष"/Assessment Year: 2015-16 बनाम Bahuuddeshaiya Nagla Imarti Kisan Assessment Unit, Nfac, Sewa Sahkari Samiti Limited, Vs. National Faceless Assessment Unit, Village Nagla Imarti, Roorkee, Income Tax Office Building, District Haridwar, Uttarakhand. 16 Civil Lines, Roorkee, Haridwar, Uttarakhand. Pan No. Aaban2705P अपीलाथ" Appellant ""यथ"/Respondent

Section 80P

assessee. The assessee may explain the delay if any in filing the appeal before the Ld. CIT(Appeals) by filing the petition for condonation of delay. With these observations these two appeals are restored to the file of the Ld. CIT(Appeals) for deciding afresh. 3. In the result, appeals

Bahuuddeshaiya Nagla Imarti Kisan Sewa Sahkari Samiti Limited, Nagla Imarti, Roorkee vs. Additional Jointdeputyassistant Commissioner of Income Tax Income Tax Officer, National Faceless Assessing Officer

In the result, appeals of the assessee are allowed for

ITA 118/DDN/2024[2016-17]Status: DisposedITAT Dehradun07 May 2025AY 2016-17

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraिनधा"रणवष"/Assessment Year: 2016-17 बनाम Bahuuddeshaiya Nagla Imarti Kisan Additional Joint Sewa Sahkari Samiti Limited, Vs. Deputy Assistant Village Nagla Imarti, Roorkee, Commissioner Of Income Tax, District Haridwar, Uttarakhand. Income Tax Officer, National Faceless Assessing Officer, Income Tax Office Building, 16, Civil Lines, Roorkee, Haridwar, Uttarakhand. Pan No.Aaban2705P अपीलाथ" Appellant ""यथ"/Respondent & िनधा"रणवष"/Assessment Year: 2015-16 बनाम Bahuuddeshaiya Nagla Imarti Kisan Assessment Unit, Nfac, Sewa Sahkari Samiti Limited, Vs. National Faceless Assessment Unit, Village Nagla Imarti, Roorkee, Income Tax Office Building, District Haridwar, Uttarakhand. 16 Civil Lines, Roorkee, Haridwar, Uttarakhand. Pan No. Aaban2705P अपीलाथ" Appellant ""यथ"/Respondent

Section 80P

assessee. The assessee may explain the delay if any in filing the appeal before the Ld. CIT(Appeals) by filing the petition for condonation of delay. With these observations these two appeals are restored to the file of the Ld. CIT(Appeals) for deciding afresh. 3. In the result, appeals