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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

Sindhanai Artificial Intelligence Systems Pvt. Ltd., Chennai vs. ITO, Corporate Ward-6(3), Chennai

In the result, the appeals filed by the assessee are allowed

ITA 3260/CHNY/2024[2022-23]Status: DisposedITAT Chennai27 Mar 2025AY 2022-23

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 3259 & 3260/Chny/2024 िनधा"रण वष" / Assessment Years: 2021-22& 2022-23 Sindhanai Artificial Intelligence The Income Tax Officer, Systems Pvt. Ltd., V. Corporate Ward6(3) New No.33/2, Old No.5/2, Chennai. Rajeshwari Apartment, 5Th Cross Street, Alagiri Nagar, Vadapalani, Chennai – 600 026. [Pan:Aaxcs 9635F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri J. Saravanan, Advocate ""थ" की ओर से/Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई क" तार"ख/Date Of Hearing : 26.03.2025 घोषणा क" तार"ख/Date Of Pronouncement : 27.03.2025 आदेश /O R D E R

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 115JSection 139(1)Section 143(1)Section 143(1)(a)Section 80I

claiming deduction u/s 80IAC of the Act can be filed even at the appellate stage 9. The Appellant prays your goodself to condone the delay in filing the form 10CCB to claim deduction u/s 80IAC on account of conditions and circumstances prevailed therein. 10. For the foregoing grounds ... contra, the Ld.DR supported the orders of the Ld.CIT(A) and stated that the assessee had an option of filing a petition for condonation of delay before the PCIT u/s.119(2)(b) of the Act and the assessee has failed to do so and hence, the appeal of the assessee

Sindhanai Artificial Intelligence Systems Pvt. Ltd., Chennai vs. ITO, Corporate Ward-6(3), Chennai

In the result, the appeals filed by the assessee are allowed

ITA 3259/CHNY/2024[2021-22]Status: DisposedITAT Chennai27 Mar 2025AY 2021-22

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 3259 & 3260/Chny/2024 िनधा"रण वष" / Assessment Years: 2021-22& 2022-23 Sindhanai Artificial Intelligence The Income Tax Officer, Systems Pvt. Ltd., V. Corporate Ward6(3) New No.33/2, Old No.5/2, Chennai. Rajeshwari Apartment, 5Th Cross Street, Alagiri Nagar, Vadapalani, Chennai – 600 026. [Pan:Aaxcs 9635F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri J. Saravanan, Advocate ""थ" की ओर से/Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई क" तार"ख/Date Of Hearing : 26.03.2025 घोषणा क" तार"ख/Date Of Pronouncement : 27.03.2025 आदेश /O R D E R

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 115JSection 139(1)Section 143(1)Section 143(1)(a)Section 80I

claiming deduction u/s 80IAC of the Act can be filed even at the appellate stage 9. The Appellant prays your goodself to condone the delay in filing the form 10CCB to claim deduction u/s 80IAC on account of conditions and circumstances prevailed therein. 10. For the foregoing grounds ... contra, the Ld.DR supported the orders of the Ld.CIT(A) and stated that the assessee had an option of filing a petition for condonation of delay before the PCIT u/s.119(2)(b) of the Act and the assessee has failed to do so and hence, the appeal of the assessee

Kavvery Perumal Satheeswaran, Chennai vs. ITO, Ward 1, Tiruchengode

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

ITA 3102/CHNY/2024[2012-13]Status: DisposedITAT Chennai27 Mar 2025AY 2012-13

Bench: Shri Duvvuru Rl Reddyand Shri S.R. Raghunathaआयकरअपीलसं/.Ita No.:3102/Chny/2024 िनधा"रणवष"/Assessment Year:2012-13 Kavvery Perumal Satheeswaran, The Income Tax Officer, 8/66, Thangavel Illam, Cauvery R.S., Vs. Ward 1, Pallipalayam, Erode 638 007. Tiruchengode. [Pan: Asxps2629A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri N.C. Ravi Krishnan, Advocate ""यथ"क"ओरसे/Respondent By : Ms. Gauthami Manivasagam, Jcit सुनवाईक"तारीख/Date Of Hearing : 25.03.2025 घोषणाक"तारीख/Date Of Pronouncement : 27.03.2025 आदेश/ O R D E R Per Duvvuru Rl Reddy, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 23.09.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 4 Days. The Assessee Filed A Petition For Condonation Of Delay Explaining Reasons For The Said Delay & Prayed For Condonation Of That Delay. On Perusal Of The Condonation Petition & Upon Hearing The Ld. Ar & Ld. Dr, We Find That The Reasons Explained By The Assessee Are Bonafide & Therefore, The Delay Is Condoned & Admitted The Appeal For Adjudication.

For Appellant: Shri N.C. Ravi Krishnan, AdvocateFor Respondent: Ms. Gauthami Manivasagam, JCIT
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 69A

find that this appeal is filed with a delay of 4 days. The assessee filed a petition for condonation of delay explaining reasons for the said delay and prayed for condonation of that delay. On perusal of the condonation petition and upon hearing