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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

Alumilite Architecturals Limited, Mumbai vs. ADIT, CPC, Bangalore

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

ITA 122/MUM/2025[2019-2020]Status: DisposedITAT Mumbai23 Apr 2025AY 2019-2020

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhriआयकर अपील सं./Ita No. 122/Mum/2025 (निर्धारण वर्ा / Assessment Year :2019-20) M/S. Alumilite V/S. Cit, Central Circle – Architecturals Ltd. बिधम 1(1)(1), Mumbai 502, Dhiraj Chambers, Aayakar Bhavan, M.K. Hazarimal Somani Marg, Road, Mumbai-400020 Fort, Mumbai-400001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabca0567C Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी निर्ााररती की ओर से /Assessee By: Shri Varun Jain रधजस्व की ओर से /Revenue By: Shri Ram Krishn Kedia

For Appellant: Shri Varun JainFor Respondent: Shri Ram Krishn Kedia
Section 143(1)(a)Section 250Section 28

Ovira Logistics Pvt. Ltd.” 3. At the outset, it is seen that the appeal is delayed by 18 months. A petition for condonation of delay has been filed stating that the assessee was not P a g e | 3 A.Y. 2019-20 Alumilite Architecturals Ltd. informed about the dismissal ... hence the appeal was filed after an unintended delay of 619 days. Considering the explanation of the assessee, we hereby condone the delay in filing of the appeal. 4. Brief facts are that the assessee filed return declaring income of Rs. 5,92,99,240/- on 22.09.2020. An intimation

Naseem Ishrat, Jhansi vs. ITO.Ward 2(3)(5), Jhansi, Up

The appeal stand allowed for statistical purposes

ITA 69/AGR/2024[2013-14]Status: DisposedITAT Agra22 Apr 2025AY 2013-14

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.69/Agr/2024 (िनधा"रणवष" / Assessment Year: 2013-14) Naseem Ishrat Income-Tax Officer, बनाम/ 81, Sangam Vihar Colony, Ward 2(3)(5), Jhansi. Vs. Sipri Bazar, Jhansi (Up). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abfpi-5615-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Pankaj Gargh, Adv. – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 18-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2013-14 Arises Out Of An Order Passed By Of Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] On 30-11-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 147 R.W.S. 144B Of The Act On 30-05-2023. In The Assessment Order, Ld. Ao Made Addition Under The Head Capital Gains & Determined Total Income At Rs.103.50 Lacs. The Ld. Cit(A) Did Not Admit First Appeal For Want Of Condonation Of Delay Of 77 Days. Aggrieved, The Assessee Is In Further Appeal Before Us. The Registry Has Noted Delay Of 24 Days In The Appeal. The Ld. Ar Has Prayed For Adjudication Of The Appeal On Merits Which Has Been Opposed By Ld. Sr. Dr.

For Appellant: Sh. Pankaj Gargh, Adv. – Ld. ARFor Respondent: Sh. Shailender Shrivastava – Ld. DR
Section 147

head capital gains and determined total income at Rs.103.50 Lacs. The Ld. CIT(A) did not admit first appeal for want of condonation of delay of 77 days. Aggrieved, the assessee is in further appeal before us. The registry has noted delay of 24 days in the appeal

Shree Badshah Yadav Charitable Trust, Mainpuri vs. Income Tax Officer, Ward-4(2)(5), Mainpuri

The appeal stand allowed for statistical purposes

ITA 573/AGR/2024[2017-18]Status: DisposedITAT Agra22 Apr 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.573/Agr/2024 (िनधा"रणवष" / Assessment Year:2017-18) Shree Badshah Yadav Income-Tax Officer, Charitable Trust Ward 4(2)(5), Mainpuri. बनाम/ Campus S.K. Scientific Public Vs. Inter College Karhal, Mainpuri(Up). "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaots-3631-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Anurag Sinha, Adv. – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] On 15-11-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144 Of The Act On 28-10-2019. In The Assessment Order, Ld. Ao Made Addition Of Cash Deposit For Rs.37 Lacs For Want Of Any Satisfactory Explanation From The Assessee. The Ld. Cit(A) Did Not Admit The Appeal For Want Of Condonation Of Delay Of 83 Days. Aggrieved, The Assessee Is In Further Appeal Before Us. The Ld. Ar Has Stated That The Assessee Is In A Position To Substantiate Its Case On Merits & Accordingly, Prayed For Another

For Appellant: Sh. Anurag Sinha, Adv. – Ld. ARFor Respondent: Sh. Shailender Shrivastava – Ld. DR
Section 144

Rs.37 Lacs for want of any satisfactory explanation from the assessee. The Ld. CIT(A) did not admit the appeal for want of condonation of delay of 83 days. Aggrieved, the assessee is in further appeal before us. The Ld. AR has stated that the assessee is in a position

Surendra Kumar Sharma, Gwalior vs. Commissioner, Delhi

The appeal stand allowed for statistical purposes

ITA 572/AGR/2024[2011-12]Status: DisposedITAT Agra22 Apr 2025AY 2011-12

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.572/Agr/2024 (िनधा"रणवष" / Assessment Year:2011-12) बनाम/ Sh. Surendra Kumar Sharma Income-Tax Officer, 354, Tansen Nagar, Gwalior. Ward 3(1), Gwalior. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Armps-4378-Q (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Rajendra Sharma, Adv. – Ld. Ar " थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2011-12 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] On 28-04-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 147 R.W.S. 144 Of The Act On 20-11-2018. In The Assessment Order, Ld. Ao Made Addition Of Cash Deposit For Rs.17.75 Lacs For Want Of Any Satisfactory Explanation From The Assessee. The Ld. Cit(A) Did Not Admit The Appeal For Want Of Condonation Of Delay Of 74 Days. Aggrieved, The Assessee Is In Further Appeal Before Us. The Ld. Ar Has Stated That The Assessee Is In A Position To Substantiate Its Case On Merits & Accordingly, Prayed For Another Opportunity Of Hearing Before Lower Authorities Which Has Been Opposed By Ld. Sr. Dr.

For Appellant: Sh. Rajendra Sharma, Adv. – Ld. ARFor Respondent: Sh. Shailender Shrivastava – Ld. Sr. DR
Section 147

Rs.17.75 Lacs for want of any satisfactory explanation from the assessee. The Ld. CIT(A) did not admit the appeal for want of condonation of delay of 74 days. Aggrieved, the assessee is in further appeal before us. The Ld. AR has stated that the assessee is in a position