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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

Shree Chitra Gupta Samuhik Vivah Samiti, Jaipur vs. CIT Exemption, Jaipur

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

ITA 1030/JPR/2024[2023-24]Status: DisposedITAT Jaipur09 Apr 2025AY 2023-24

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA No. 1030/JPR/2024 Shree Chitra Gupta Samuhik Vivah Samiti 717 Jat Ke Kuwa Ka Rasta, Chondpole Bazar, Jaipur. बनाम Vs. The CIT Exemption, Jaipur. प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआर सं./PAN/GIR No.: AALTS8174Q अपीलार्थी / Appellant नर्धारिती की ओर से / Assesseeby : Mrs. Suhani Meharwal, C.A. (Thr. V.C.) राजस्व की ओर से / Revenue by : Shri Anup Singh, Addl.CIT-DR सुनवाई की तारीख / Date of

For Appellant: Mrs. Suhani Meharwal, C.A. (Thr. V.C.)For Respondent: Shri Anup Singh, Addl.CIT-DR
Section 12ASection 12V

going to achieve any benefit for the delay. 3.3. During the course of hearing, the ld. DR objected to assessee’s application for condonation of delay and prayed that Court may decide the issue as deemed fit and proper in the interest of justice. 3.4 We have heard both ... parties and perused the materials available on record. The Bench noted that the reasons as advanced by assessee for condonation of delay of 68 days are sufficient to condone the delay which has merit. Thus, we concur with the submission of the assessee and condone the delay of 68 days

Maruthi Constructions, Hyderabad vs. Income Tax Officer, Ward-8(3), Hyderabad

In the result, appeal of the assessee is dismissed being not maintainable

ITA 91/HYD/2025[2017-18]Status: DisposedITAT Hyderabad09 Apr 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.91/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Maruthi Constructions Vs. Income Tax Officer Hyderabad Ward 8(3) Pan:Aamfm5200E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Srinath Sadanala, Dr सुनवाई की तारीख/Date Of Hearing: 08/04/2025 घोषणा की तारीख/Pronouncement: /04/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated 20/06/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Y.2017-18. 2. None Appeared On Behalf Of The Assessee When The Appeal Was Called For Hearing, Despite The Notices Issued To The Assessee Through Rpad As Well As On The Email Id Given In Form- 36. Further, It Transpires From The Record That This Appeal Is Filed Belatedly & There Is A Delay Of 145 Days In Filing The Present Appeal. The Assessee Has Also Not Signed & Verified The Memorandum Of The Appeal In Form-36 As Well As Grounds Of Page 1 Of 2

For Appellant: N O N EFor Respondent: : Shri Srinath Sadanala, DR
Section 253

days in filing the present appeal and despite the defect notices issued to the assessee, the assessee has neither filed any application/affidavit for condonation of delay explaining the cause of delay, nor removed the defect of non- signing and verification of the memorandum of appeal in Form- 36. Accordingly

Rishabh Bhatia, Panipat, Haryana vs. Income Tax Officer, Panipat, Haryana

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

ITA 4789/DEL/2024[2017-18]Status: DisposedITAT Delhi09 Apr 2025AY 2017-18

Bench: Smt. Annapurna Gupta & Ms. Madhumita Royrishabh Bhatia Income Tax Officer, 10-R, Model Town, Panipat, Panipat, Vs. Haryana. Haryana-132103 Pan-Aadcn3076F (Appellant) (Respondent) Assessee By Shri Udit Dad, Adv. Department By Dr. Maninder Kaur, Sr. Dr Date Of Hearing 07/04/2025 Date Of Pronouncement 07/04/2025 O R D E R Per Madhumita Roy, Jm: The Instant Appeal Filed By The Assessee Is Against The Order Dated 29.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Arising Out Of The Order Dated 28.12.2019 Passed U/S 143(3) Of The Act By The Assessing Officer, Ward-5, Panipat [Hereinafter Referred To As ‘The Act’] For Assessment Year 2017-18. 2. The Appeal Was Barred By Limitation For 18 Days, In Support Of Which The Application For Condonation Of Delay Has Been Filed By The Assessee, Perusal Of Which, It Appears That Due To An Inadvertent Rishabh Bhatia Vs. Ito Oversight On The Part Of The Staff At The Office Of The Counsel For The Assessee, The Receipt Of The Impugned Order Was Not Promptly Brought To The Attention Of The Ld. Counsel, And, Therefore, The Appeal Could Not Be Filed In Time. The Assessee Being Diligent In Pursing Their Matter When Enquired From Their Counsel About The Status Of The Appeal, The Counsel Immediately Took Cognizance Of The Receipt Of The Impugned Order & Filed The Appeal. The Reason Assigned By The Assessee For Filing The Appeal Late As Discussed Hereinabove, Seems To Be Genuine Which Has Also Not Been Confronted By The Ld. Dr. Hence, The Delay Is Condoned. The Appeal Is, Thus, Admitted.

Section 143(3)

Assessment Year 2017-18. 2. The appeal was barred by limitation for 18 days, in support of which the application for condonation of delay has been filed by the assessee, perusal of which, it appears that due to an inadvertent Rishabh Bhatia vs. ITO oversight on the part

Minakshi Sharma, Delhi vs. ITO, Ward 59(6), Delhi

In the result, appeal of the assessee is partly allowed

ITA 1926/DEL/2024[2011-12]Status: DisposedITAT Delhi09 Apr 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.1926/िद"ी/2024 (िन.व. 2011-12) Minakshi Sharma, A-612, Dilshad Colony, East Delhi, Delhi 110095 ...... अपीलाथ"/Appellant Pan: Bsups-4065-G बनाम Vs. Commissioner Of Income Tax (Appeals) ..... "ितवादी/Respondent National Faceless Appeal Centre, Delhi अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 14/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 09/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 05.10.2023, For Assessment Year 2011-12. 2. The Appeal Is Time Barred By 142 Days. The Assessee Has Filed An Application Seeking Condonation Of Delay In Filing Of Appeal. The Reason For Delay In Filing Of Appeal Is On Account Of Medical Exigencies. The Assessee To Substantiate The Reason Has Annexed Medical Records With The Application. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional Or For Want Of Action, But Was For The Reasons Stated In Application Which Appears To Be Bonafide. The Delay

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 144Section 147Section 148Section 39Section 69A

dated 05.10.2023, for assessment year 2011-12. 2. The appeal is time barred by 142 days. The assessee has filed an application seeking condonation of delay in filing of appeal. The reason for delay in filing of appeal is on account of medical exigencies. The assessee to substantiate the reason

M. Kamalakannan, Vellore vs. DCIT, Central Circle-3(4), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 946/CHNY/2023[2020-21]Status: DisposedITAT Chennai09 Apr 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.946/Chny/2023 िनधा"रण वष"/Assessment Year: 2020-21 M. Kamalakannan Vs. The Deputy Commissioner Of Rep. By Legal Heir K. Kumaravel, Income Tax, No. 44, Kavi Medicals, Gudiyatham Central Circle 3(4), Road, Pallikonda, Vellore 635 809. Chennai. [Pan:Avspk5120C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. M. Nuzhath Khanam, Advocate ""थ" की ओर से/Respondent By : Shri S. Maruthu Pandian, Cit सुनवाई की तारीख/ Date Of Hearing : 01.04.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.02.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals) - 18, Chennai For The Assessment Year 2020-21. 2. We Find That This Appeal Is Filed With A Delay Of 149 Days. The Assessee Filed A Petition For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Petition, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

For Appellant: Ms. M. Nuzhath Khanam, AdvocateFor Respondent: Shri S. Maruthu Pandian, CIT
Section 132Section 153ASection 69A

year 2020-21. 2. We find that this appeal is filed with a delay of 149 days. The assessee filed a petition for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said petition, we find the reasons stated by the assessee

Sagara Vikasa Mutually Aided Co Op Thrift Society Limited, Visakhapatnam vs. Income Tax Officer, Ward-2(5), Visakhapatnam

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

ITA 122/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam08 Apr 2025AY 2018-19

Bench: Shri V. Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.122/Viz/2025 (िनधा"रण वष" / Assessment Year : 2018-19) Sagara Vikasa Mutually Aided Vs. Income Tax Officer, Coop Thrift Society Ltd, Ward-2(5), Visakhapatnam. Visakhapatnam. Pan: Aacas9620H (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Assessee By : Smt A Aruna For Shri Gvn Hari ""याथ" क" ओर से / Revenue By : Dr. Aparna Villuri, Sr. Ar

For Appellant: Smt A Aruna for Shri GVN HariFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 119(2)(b)Section 139(1)Section 143(1)Section 234ASection 234FSection 80PSection 80P(2)(a)

meantime, the assessee also filed an application before the Ld. Chief Commissioner of Income Tax, Hyderabad (“Ld. CCIT, Hyderabad”) seeking condonation of delay in filing ITR for the AY 2018-19 U/s. 119(2)(b) of the Act and the Ld. CCIT, Hyderabad vide order dated 12/03/2025 accepted the assessee ... submissions and condoned the delay. Therefore, the Ld. AR pleaded that the matter may be remitted back to the file of the Ld. AO to decide the assessee’s claim of deduction U/s. 80P of the Act afresh in the interest of justice. 4. On the other hand, the Learned