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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

Shri Swami Vivekanand Trust, Adipur vs. The ITO (Exemption), Ward(1), Rajkot

The appeal of the assessee is allowed

ITA 902/RJT/2024[2015-16]Status: DisposedITAT Rajkot28 Mar 2025AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.902/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2015-16 Shri Swami Vivekanand Trust The Ito (Exemption) बनाम Plot No.1, Dc-2 Ward-1 Rambaug Road Rajkot. Vs. Ward-6A, Adipur. Pan : Aabts 1102 L (अपीलाथ"/Appellant) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri D.M. Rindani, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 28/01/2025 घोषणा क" तार"ख /Date Of Pronouncement : 28/03/2025 Order Per Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2015-16, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, Chennai[In Short ‘Ld.Cit(A)/Nfac’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 02.05.2024, Which In Turn Arises Out Of An Intimation Order Passed By The Assessing Officer (Cpc) U/S 143(1) Of The Act, Dated 31.10.2015. Shri Swami Vivekanand Trust 2 2. Grievances Raised By The Assessee In This Appeal Are As Under:

For Appellant: Shri D.M. Rindani, ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr-DR
Section 11Section 11(1)(a)Section 12ASection 12A(1)(b)Section 143(1)Section 143(1)(a)Section 250

electronically the audit report in Form 10B which is mandatory as per Section 12A(1)(b) of the Act, therefore, ld.CIT(A) cannot condone the delay in submitting Form 10B because the CIT (Appeals), lacks the authority to condone Shri Swami Vivekanand Trust 3 such delays. Additionally, the Jurisdictional Commissioner ... Income tax (exemptions) has already rejected the assessee's request for condonation of delay in filing the audit report for the assessment year (AY) 2015-16. The ld CIT(A) noted that the assessee failed to fulfil, the fundamental requirement of timely audit report submission therefore, the adjustment made

Abhinav Limaye, Pune vs. DCIT, CPC / ITO Ward 13(2), Pune

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

ITA 2641/PUN/2024[2017-18]Status: DisposedITAT Pune28 Mar 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2641/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Abhinav Limaye, Vs. Dcit, Cpc, Bengaluru. B-605, Sai Marigold, Rahatani Road, Pimple Saudagar, Pune- 411027. Pan : Aclpl5320P Appellant Respondent Assessee By : Shri Rajendra Agiwal Revenue By : Ms. Shilpa N. C. Date Of Hearing : 22.01.2025 Date Of Pronouncement : 28.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.10.2024 Passed By Ld. Addl/Jcit(A), Udaipur [‘Ld. Cit(A)’] For The Assessment Year 2017-18. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual Having Income From Salary, House Property & Income From Other Sources & Has Furnished Return Of Income U/S 139(1) Of The It Act

For Appellant: Shri Rajendra AgiwalFor Respondent: Ms. Shilpa N. C
Section 139(1)Section 143(1)

Rs.1,56,730/- was raised. After considering the reply of the assessee, Ld. CIT(A) dismissed the appeal filed by the assessee without condoning the delay. It is this order against which the assessee is in appeal before this Tribunal. 3. Ld. AR appearing from the side of the assessee ... before Ld. CIT(A) could not be filed within time limit prescribed under the Statute for which an affidavit along with application for condonation of delay was also furnished before Ld. CIT(A). Since 3 Ld. CIT(A) was not convinced with the reasons mentioned in the application for condonation

Vikas Raosaheb Powar, Shirol, Maharashtra vs. ITO, Ward-1, Ichalkaranji, Maharashtra

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

ITA 2127/PUN/2024[2018-19]Status: DisposedITAT Pune28 Mar 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2127/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Vikas Raosaheb Powar, Vs. Ito, Ward-1, Powar Doodh Dairy Terwad, Ichalkaranji, Shirol, Kolhapur- 416106. Pan : Bcwpp6212J Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By : Shri Arvind Desai Date Of Hearing : 08.01.2025 Date Of Pronouncement : 28.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. There Is A Delay Of 103 Days In Filing Of The Present 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 Present Appeal Within Prescribed Time Limit. Ld. Dr Raised

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Arvind Desai
Section 144Section 147Section 148Section 148ASection 151(2)

There is a delay of 103 days in filing of the present 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