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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

Aldiablos Infotech Private Limited, Ahmedabad vs. The Income Tax Officer, Ward-1(1)(1), Ahmedabad

In the result, all the appeals of the assessee are allowed for statistical

ITA 353/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad08 Apr 2025AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.353, 354, 355, 356 & 357/Ahd/2024 निर्धारण वर्ष / Assessment Years : 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18 Aldiablos Infotech Pvt.Ltd. 1St Floor, Mauryansh Elanza, Shyamal Cross Road, Ahmedabad – 380 015 बनाम/ V/S. The I.T.O. Ward-1(1)(1), Ahmedabad स्थायी लेखा सं./Pan: Aakca 3027 E Assessee By: Shri P.F. Jain, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/04/2025 घोषणा की तारीख / Date Of Pronouncement: 08/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Five Appeals Have Been Preferred By The Assessee Against The Orders Passed By The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"], For The Assessment Years (Ays) 2013-14 To 2017-18 Arising From The Orders Passed By The Assessing Officer (Hereinafter Referred To As “Ao") U/S 143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act). Since Common Issues Are Involved, All These Appeals Are Disposed Of By This Consolidated Order.

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115BSection 142(1)Section 143(3)Section 144Section 147Section 68Section 69A

disposed of by this consolidated order. ITA Nos.353 to 357/Ahd/2024 Aldiablos Infotech Pvt.Ltd. vs. ITO Asst. Years: 2013-14 to 2017-18 2 Condonation of Delay 2. These appeals have been filed with a delay of 40 days. The assessee has filed an affidavit affirmed by the Director ... proper adjudication on merits. 8. We have heard the rival contentions, perused the orders of the lower authorities, the affidavit for condonation of delay, the written submissions filed during the course of hearing, and the case records. The appeals before us relate to reassessment proceedings initiated under Section

Shree Santoshimata Majoor Sahakari Sanstha, Pen vs. Income Tax Officer, Panvel

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2019/PUN/2024[2015-2016]Status: DisposedITAT Pune08 Apr 2025AY 2015-2016

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2019/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Shree Santoshimata Majoor Vs. Ito, Ward-4, Panvel. Sahakari Sanstha, 203, Gr. Floor, Sonkhar, Pen, Raigad- 402107. Pan : Avhpm2201K Appellant Respondent Assessee By : Shri Sunil R. Talreja Revenue By : Shri Arvind Desai Date Of Hearing : 08.01.2025 Date Of Pronouncement : 08.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. There Is Delay In Filing Of This Appeal. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Along With An Affidavit. We Are Satisfied With The Explanation Of The Assessee That He Was Prevented By Reasonable Cause For Not Filing The Appeal Within Prescribed Time Limit. Ld. Dr Raised No Serious

For Appellant: Shri Sunil R. TalrejaFor Respondent: Shri Arvind Desai
Section 142(1)Section 143(3)Section 40A(3)Section 44ASection 80P(2)(a)Section 80P(2)(d)

assessment year 2015-16. 2. There is delay in filing of this appeal. In this regard, the assessee has filed an application for condonation of delay along with an affidavit. We are satisfied with the explanation of the assessee that he was prevented by reasonable cause for not filing