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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

Somasekar, Chennai vs. Income Tax Officer, Non Corp Ward 7(3), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 4136/CHNY/2025[2019-20]Status: DisposedITAT Chennai18 Mar 2026AY 2019-20

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपीलसं./Ita Nos.4135 & 4136/Chny/2025 "नधा"रण वष" / Assessment Years: 2018-19 & 2019-20 Somasekar, The Income Tax Officer, No.3, Ambedkar Nagar, Vs. Non-Corp Ward-7(3), Old Thirumangalam, Chennai. Anna Nagar West Chennai – 600 040. [Pan: Bxdps-8182-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr. R. S. Lakshmi Narayana, Advocate ""यथ" क" ओर से /Respondent By : Mr. Aroon Praasad, Addl. Cit सुनवाई क" तार"ख/Date Of Hearing : 26.02.2026 घोषणा क" तार"ख /Date Of Pronouncement : 18.03.2026

For Appellant: Mr. R. S. Lakshmi Narayana, AdvocateFor Respondent: Mr. Aroon Praasad, Addl. CIT
Section 147Section 69A

passed orders by considering the information available with the department and the same have been dismissed by the ld.CIT(A), NFAC without condoning the delay in filing the appeal before the due dates. Since the assessee has failed to participate before the Assessing Officer and also filed the appeal before ... case and to meet the ends of justice, we deem it fit to provide one more opportunity to the assessee. Therefore, we condone the delay in filing the before ld.CIT(A) as the assessee had filed the condonation of delay in his form 35 itself and hence, we set aside

Somasekar, Chennai vs. Income Tax Officer, Non Corp Ward 7(3), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 4135/CHNY/2025[2018-19]Status: DisposedITAT Chennai18 Mar 2026AY 2018-19

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपीलसं./Ita Nos.4135 & 4136/Chny/2025 "नधा"रण वष" / Assessment Years: 2018-19 & 2019-20 Somasekar, The Income Tax Officer, No.3, Ambedkar Nagar, Vs. Non-Corp Ward-7(3), Old Thirumangalam, Chennai. Anna Nagar West Chennai – 600 040. [Pan: Bxdps-8182-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr. R. S. Lakshmi Narayana, Advocate ""यथ" क" ओर से /Respondent By : Mr. Aroon Praasad, Addl. Cit सुनवाई क" तार"ख/Date Of Hearing : 26.02.2026 घोषणा क" तार"ख /Date Of Pronouncement : 18.03.2026

For Appellant: Mr. R. S. Lakshmi Narayana, AdvocateFor Respondent: Mr. Aroon Praasad, Addl. CIT
Section 147Section 69A

passed orders by considering the information available with the department and the same have been dismissed by the ld.CIT(A), NFAC without condoning the delay in filing the appeal before the due dates. Since the assessee has failed to participate before the Assessing Officer and also filed the appeal before ... case and to meet the ends of justice, we deem it fit to provide one more opportunity to the assessee. Therefore, we condone the delay in filing the before ld.CIT(A) as the assessee had filed the condonation of delay in his form 35 itself and hence, we set aside

Amrik Singh Through Legal Heir Kawalpreet Kaur, Ghaziabad vs. Income Tax Officer, Ward 1(5), Ghaziabad

In the result, the Appeal of the Assessee is partly allowed for statistical purpose

ITA 1366/DEL/2025[2014-15]Status: DisposedITAT Delhi18 Mar 2026AY 2014-15

Bench: Yogesh Kumar U.S. & Shri Manish Agarwalamrik Singh Through Legal Heir Vs Income Tax Officer, Ward Kawalpreet Kaur, 1(5), Ghaziabad, 206, Ground Floor, Niti Khand-1, Uttar Pradesh Indirapuram, Ghaziabad Pan: Achps0677E Appellant Respondent Assessee By None Revenue By Sh. Om Prakash, Sr. Dr Date Of Hearing 17/03/2026 Date Of Pronouncement 18/03/2026 Order Per Yogesh Kumar, U.S. Jm: This Appeal Is Filed By The Legal Heir Of The Assessee Challenging The Order Of The Commissioner Of Income Tax (Appeals)- Ghaziabad (‘Ld. Cit(A)’ For Short) Dated 31/08/2018 Pertaining To The Assessment Year 2014-15. 2. None Appeared For The Appellant. Considering The Issue Involved In The Present Appeal We Deem It Fit To Decide The Appeal On Hearing The Ld. Department'S Representative & Perused The Material Available On Record.

Section 143(3)

material available on record. 3. There is a delay of 614 days in filing the present Appeal. The appellant filed an application for condonation of delay contending that Assessee Sh. Amrik Singh died on 28/01/2018, the legal heirs of the 2 Amrik Singh Vs. ITO Assessee could not make ... Appeal pending before the CIT(A), therefore, the Appeal could not be filed on time before the Tribunal. Thus, sought for condoning the delay in filing the present Appeal. 4. Per contra, the Ld. Department's Representative submitted that, there is no sufficient cause to condone the inordinate delay, thus