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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

Ambekar Beverage and Food Private Limited, Mumbai vs. ITO Ward 6(1)(2), Mumbai

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

ITA 1655/MUM/2025[2015-16]Status: DisposedITAT Mumbai30 Apr 2025AY 2015-16

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhriआयकर अपील सं./Ita No. 1655/Mum/2025 (निर्धारण वर्ा / Assessment Year :2015-16) Ambekar Beverages & V/S. Ito 6(1)(2), Mumbai Food Pvt. Ltd. बिधम Aayakar Bhavan, M.K. 129, 5Th Floor, 501-502, Road, Mumbai-400020 Shree Krupa, M. B. Raut Road, Shivaji Park, Dadar West, Mumbai, Maharashtra-400028 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aakca7151R Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Shekhar L. Gajbhiye
Section 144Section 154Section 234ASection 250Section 271(1)(b)Section 68

assessee's affidavit, we find the explanation provided for the delay in filing the appeal to be reasonable. Hence, we hereby condone the delay of 424 days and admit the appeal for adjudication. 4. Brief facts of the case are that the assessee filed its return declaring loss ... appeal before the Tribunal. The Learned Authorised Representative (Ld. AR) has submitted before us that the reasons detailed in the affidavit for condonation of delay in filing the present appeal also explain the reasons for non compliance before the Ld. CIT(A) and the Ld. AO. Therefore

Viklang Vikas Foundation, Rasaliya vs. CIT(Exemption), Ahmedabad

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

ITA 64/RJT/2025[NA]Status: DisposedITAT Rajkot29 Apr 2025

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 64/Rjt/2025 ("नधा"रणवष" / Assessment Year: (Na) (Hybrid Hearing) Viklang Vikas Foundation Vs. Cit(Exemption), Ramdev Nagar, Nr. Bus Station, Room No. 609, Floor – 6, Rasaliya, Nakhatrana Aayakar Bhavan (Vejalpur), Gujarat – 370670 Anandnagar, Prahladnagar Road, Gujarat – 380015 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaatv8066F (Appellant) (Respondent) Appellant By : Shri R. B. Shah, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Cit(Dr) Date Of Hearing : 28/04/2025 Date Of Pronouncement : 29/04/2025 आदेश / O R D E R

For Appellant: Shri R. B. Shah, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 12ASection 12A(1)(ac)

time of hearing.”: 3. At the outset, the appeal is delayed by 425 days. Ld. AR has filed an application for condonation of delay. The relevant part of the condonation of delay are reproduced as follows: “1. For the renewal of the trust petitioner had handed over this matter ... assessee should not be suffer because of mistake committed by the Ld. counsel. We find that there is a sufficient cause to condone the delay, therefore, we condoned the delay and admitted the appeal of the assessee for hearing. 7. Brief facts of the case are that the assessee