← All Phrases

“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

Presidency Merchants Private Limited, Kolkata, West Bengal vs. Office of Income Tax Officer, Kolkata, West Bengal

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

ITA 2186/KOL/2024[2009-10]Status: DisposedITAT Kolkata07 May 2025AY 2009-10

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.2186/Kol/2024 (निर्धारण वर्ा / Assessment Year : 2009-2010) Presidency Merchants Pvt Ltd Vs Ito Ward-9(3), Kolkata No.101, India Exchange Place Dalhousie, Writers Building, Kolkata Pan No. :Aaecp 6904 B (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri Soumitra Choudhury, Ar रधजस्व की ओर से /Revenue By : Shri P.N.Barnwal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 07/05/2025 घोषणा की तारीख/Date Of Pronouncement : 07/05/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 15.03.2024, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2023- 24/1062704762(1), For The Assessment Year 2009-2010. 2. Shri Soumitra Choudhury, Ar Appeared On Behalf Of The Assessee. Shri P.N.Barnwal, Cit-Dr Appeared On Behalf Of The Revenue. 3. On Perusal Of The Appeal Record, We Find That The Appeal Of The Assessee Delayed By 160 Days. In This Regard, The Assessee Has Filed An Application Supported By An Affidavit For Condonation Of Delay Stating Therein Sufficient & Plausible Reasons For Delay & The Reasons Are Not Found To Be False. Accordingly, The Delay Of 160 Days In Filing The Present Appeal By The Assessee Is Hereby Condoned & The Appeal Is Disposed Off Accordingly.

For Appellant: Shri Soumitra Choudhury, ARFor Respondent: Shri P.N.Barnwal, CIT-DR
Section 131Section 263

appeal of the assessee delayed by 160 days. In this regard, the assessee has filed an application supported by an affidavit for condonation of delay stating therein sufficient and plausible reasons for delay and the reasons are not found to be false. Accordingly, the delay of 160 days in filing

Canning Mahila Co-Operppative Credit Society Ltd, Canning vs. Income Tax Officer, Kolkata

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

ITA 2033/KOL/2024[2017-18]Status: DisposedITAT Kolkata07 May 2025AY 2017-18

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं/Ita No.2033/Kol/2024 (निर्धारण वर्ा / Assessment Year : 2017-2018) Canning Mahila Cooperative Vs Ito, Ward-26(4), Kolkata Credit Society Limited, Cinema Road, Canning Town Canning Sought 24 Parganas West Bengal Pan No. :Aacac 2720 L (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Ms. Swagata Ghosh Das, Ex- Chairman Of The Assessee Society. रधजस्व की ओर से /Revenue By : Shri Praveen Kishore, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/05/2025 घोषणा की तारीख/Date Of Pronouncement : 07/05/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 05.05.2022, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2022- 23/1042955890(1), For The Assessment Year 2017-2018. 2. Ms. Swagata Ghosh Das, Ex-Chairman Of The Assessee Society Appeared On Behalf Of The Assessee. Shri Praveen Kishore, Sr. Dr Sr. Dr Appeared On Behalf Of The Revenue. 3. On Perusal Of The Appeal Record, We Find That The Appeal Of The Assessee Delayed By 819 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Stating Therein Sufficient & Plausible Reasons For Delay & The Reasons Are Not Found To Be False. Accordingly

For Appellant: Ms. Swagata Ghosh Das, Ex-For Respondent: Shri Praveen Kishore, Sr. DR

record, we find that the appeal of the assessee delayed by 819 days. In this regard, the assessee has filed an application for condonation of delay stating therein sufficient and plausible reasons for delay and the reasons are not found to be false. Accordingly, 2 the delay of 819 days

Sujata Souhardha Pattina Sahakari Niyamita, Ankola vs. Income Tax Officer, Ward - 2, Karwar

ITA 67/PAN/2025[2013-14]Status: DisposedITAT Panaji06 May 2025AY 2013-14

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 067/Pan/2025 Assessment Year : 2013-14 Sujatha Souhardha Pattina Sahakari Niyamita At.: Balale, Post.:Madangeri, Tal.:Ankola, Dist.: Uttara Kannada. Pan : Aafas2907J . . . . . . . Appellant V/S Income Tax Officer, Ward-2, Karwar . . . . . . . Respondent Appearances Assessee By : Mr Varun Bhat [‘Ld. Ar’] Revenue By : Smt Rijjula Uniyal [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 05/05/2025 घोषणा की तारीख / Date Of Pronouncement : 06/05/2025 Order

For Appellant: Mr Varun Bhat [‘Ld. AR’]For Respondent: Smt Rijjula Uniyal [‘Ld. DR’]
Section 143(3)Section 246ASection 250Section 250(6)Section 253(3)

Collector, Land Acquisition, Anantnag and Anr. Vs Ms Katiji and Others’ [1987, 167 ITR 5 (SC)], thus requiring us to condone the delay in the larger interest of justice. In view thereof the undeliberate delay of 146 days occurred in instituting present appeal by the appellant assessee, after placing reliance ... assessee that, the delay was due to time taken in obtaining digital signature was not supported by any evidence. Admittedly the prayer for condonation of delay before the 4. Ld. CIT(A) remained unsupported by a petition/affidavit explaining circumstance due to which such delay was occurred. In the course

Kanhiya Lal Choudhary, Todaraisingh vs. Commissioner of Incometax Appeals, Incometax Department Face Less

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

ITA 178/JPR/2025[2018-19]Status: DisposedITAT Jaipur06 May 2025AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं./ITA No. 178/JPR/2025 निर्धारणवर्ष / Assessment Year: 2018-19 Shri Kanhiya Lal Choudhary Near Bus Stand, Todaraisingh Tonk Road, 304 001 बनाम Vs. DCIT Circle-7 Jaipur प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: ABAPC 0831 G अपीलार्थी / Appellant निर्धारिती की ओरसे / Assesseeby : Shri K.L. Moolchandani, ITP राजस्व की ओरसे / Revenue by: Shri Gautam Singh Choudhary, Addl.CIT-DR Thru' VC सु

For Appellant: Shri K.L. Moolchandani, ITPFor Respondent: Shri Gautam Singh Choudhary, Addl.CIT-DR
Section 250Section 69C

days in filing the appeal by the assessee before ITAT for which the assessee has filed an application dated 20th Feb. 2025 for condonation of delay with following prayer. ‘’Sub: Request for condonation of delay in filing the second Appeal in the case of Sh. Kanhiyalal Choudhary, Todaraisingh, Tonk ... appreciate that the Appellant was prevented by honest and reasonable cause from filing the present, your honous are therefore, requested to kindly condone the delay and admit the same in the interest of equity and natural justice. To this effect, the assessee has filed an affidavit deposing therein the cause