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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

Basudeb Das, South 24 Parganas vs. I.T.O., Ward - 26(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 1308/KOL/2024[2017-2018]Status: DisposedITAT Kolkata24 Apr 2025AY 2017-2018

Bench: Shri Rajesh Kumarआयकर अपील सं/Ita No.1308/Kol/2024 (नििाारण वर्ा / Assessment Years : 2017-2018) Basudeb Das, Vs Ito, Ward-26(1), Kolkata Mamudpur, Charashyamdas, Bishnupur, South 24 Parganas West Bengal Pan No. :Aqppd9974P (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररतीकीओरसे /Assessee By : Shri Soumitra Choudhury, Advocate राजस्वकीओरसे /Revenue By : Ms. Madhumita Das, Addl.Cit सुनवाई की तारीख / Date Of Hearing : 17/04/2025 घोषणा की तारीख/Date Of Pronouncement : 24/04/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 09.03.2024, Passed By The Ld. Cit(A), National Faceless Appeal Centre, (Nfac), Delhi For The Assessment Year 2017-2018. 2. As Per The Appeal Record, It Is Observed That The Appeal Is Filed Belatedly By 34 Days. In This Regard, The Assessee Has Filed Condonation Application Stating Therein Sufficient Reasons For Condonation Of Delay. Considering The Reasons Stated In The Application Of The Assessee, The Delay Of 34 Days In Filing The Present Appeal Is Condoned & The Appeals Is Admitted For Hearing. 3. At The Time Of Hearing, Ld. Counsel Of The Assessee Has Raised The Additional Ground Which Is Extracted As Under :- 1. For That On The Facts Of The Case, The Assessing Officer Issuing The Notice U/S. 143(2) Of The I.T. Act, 1961 On 24.09.2018 Did Not Have Jurisdiction Over The Case Of The Assessee, As There Was No Mention Of The Type Of Scrutiny Under Which The Case Of The Assessee Has Been Selected, Hence The Notice Is Bad-In-Law

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Ms. Madhumita Das, Addl.CIT
Section 143(2)Section 143(3)

that the appeal is filed belatedly by 34 days. In this regard, the assessee has filed condonation application stating therein sufficient reasons for condonation of delay. Considering the reasons stated in the application of the assessee, the delay of 34 days in filing the present appeal is condoned

Hajaria Soft Services Private Limited, Lucknow vs. Income Tax Officer-3(2), Lucknow

In the result, the appeal of the assessee is dismissed

ITA 74/LKW/2025[2017-18]Status: DisposedITAT Lucknow23 Apr 2025AY 2017-18

Bench: Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.74/Lkw/2025 "नधा"रण वष"/ Assessment Year: 2017-18 Hajaria Soft Services Pvt Ltd Income Tax Officer-3(2) V. A-1462, Sec-1, Lda Colony, Lucknow-New Kanpur Road Ashiyana, Pratyaksh Kar Bhawan, Lucknow-226012. 57, Ram Tirath Marg, Hazratganj, Lucknow- 226001. Pan:Aadch6101R अपीलाथ"/(Appellant) ""यथ"/(Respondent) अपीलाथ" "क और से/Appellant By: None ""यथ" "क और से /Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) आदेश / O R D E R Per Anadee Nath Misshra, A.M.: The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi Dated 05/08/2024 For The Assessment Year 2017-18. The Grounds Of Appeal Of The Assessee Are As Under: -

For Appellant: NoneFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 69Section 80J

further grounds of appeal with permission.” (2) The appeal is barred by limitation by 92 days. The assessee has filed an application seeking condonation of delay in filing of this appeal. The application for condonation of delay is supported by an affidavit of the assessee. The Ld. Sr. Departmental Representative