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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

Malini, Thirunindravur vs. ACIT, Ncc-22(1), Tambaram

In the result the appeal of the assessee is allowed

ITA 2362/CHNY/2024[2018-19]Status: DisposedITAT Chennai27 Mar 2025AY 2018-19

Bench: Shri Duvvuru Rl Reddyand Shri S.R. Raghunathaआयकरअपीलसं/.Ita No.:2362/Chny/2024 िनधा"रणवष"/Assessment Year:2018-19 Malini, The Assistant Commissioner Of 7, Ganapathy Puram, Near Vs. Income Tax, Ragvendra Nagar, Periyapalayam Non Corporate Circle 22(1), (Tbm), Road, Thiruninravur 602 024, Chennai. Tamil Nadu. [Pan: Ajspm-9167-B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri D. Anand, Advocate ""यथ"क"ओरसे/Respondent By : Ms. Gauthami Manivasagam, Jcit सुनवाईक"तारीख/Date Of Hearing : 24.03.2025 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 25.06.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 17 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 D. Anand, AdvocateFor Respondent: Ms. Gauthami Manivasagam, JCIT
Section 142(1)Section 143(2)Section 145ASection 250Section 56(2)(viii)Section 57

find that this appeal is filed with a delay of 17 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

Plr Textiles Ltd., Chennai vs. The ACIT, Corporate Circle-5(2), Chennai

In the result the appeal of the assessee is partly allowed

ITA 133/CHNY/2021[2005-06]Status: DisposedITAT Chennai27 Mar 2025AY 2005-06

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकरअपीलसं./Ita No.: 133/Chny/2021 िनधा"रणवष" / Assessment Year: 2005-06 Plr Textiles Ltd., The Acit, 8K, Century Plaza, V. Corporate Circle -5(2), 560-562, Mount Road, Chennai – 641 034. Chennai – 600 018. [Pan: Aaacp-6536-D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ"कीओरसे/Appellant By : Mr. R. Vijayaraghavan, Advocate ""थ"कीओरसे/Respondent By : Ms. Anitha, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 06.02.2025 घोषणा की तारीख/Date Of Pronouncement : 27.03.2025 आदेश /O R D E R Per S. R. Raghunatha: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals)-3, Chennai, Vide Ita No.153/Cit(A)-3/2018-19For The Assessment Year 2005-06, Dated 13.03.2020. 2. At The Outset, We Find That There Is A Delay Of 346 Days In Appeal Filed By The Assessee, For Which Petition For Condonation Of Delay Along With Reasons For Delay Has Been Filed. After Considering The Petition Filed By The Assessee, Reason For Delay In Filing The Appeal Was Due To Covid-19 Pandemic & Also Hearing Both The :-2-:

For Appellant: Mr. R. Vijayaraghavan, AdvocateFor Respondent: Ms. Anitha, Addl. CIT
Section 143(1)Section 143(3)Section 41(1)

outset, we find that there is a delay of 346 days in appeal filed by the assessee, for which petition for condonation of delay along with reasons for delay has been filed. After considering the petition filed by the assessee, reason for delay in filing the appeal

Kerele Balwanth Reddy, Ranga Reddy vs. I.T.O., Ward-8(2), Hyderabad

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

ITA 43/HYD/2025[2016-17]Status: DisposedITAT Hyderabad26 Mar 2025AY 2016-17

Bench: The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Along With An Affidavit & Explained The Reasons For Delay. Shri, S.K. Gupta, The Ld. Counsel For The Assessee Referring To The Petition Filed By The Assessee Submitted That, Although The Assessee Has Paid Appeal Fees On 5/10/2023 & Filed Relevant Form- 36 On 06/10/2023 But, Because Of Certain Errors In Digital Signature Certificate (In Short “Dsc”), The Form-36 Could Not Be Uploaded. However, The Assessee Has Obtained Dsc & Filed Digitally Signed Form- 36 On 10/01/2025 With A Delay Of 437 Days. The Said Delay Is Beyond The Control Of The Assessee. He Therefore Submitted That The Delay In Filing The Appeal Is Neither Intentional Nor For Want Of Any Undue Benefit. Therefore, In The Interest Of Justice, The Delay May Be Condoned.

Section 115BSection 139(1)Section 142(1)Section 144Section 147Section 148Section 69A

find that there is a delay of 437 days in filing the appeal before the Tribunal. The assessee has filed a petition for condonation of delay along with an affidavit and explained the reasons for delay. Shri, S.K. Gupta, the Ld. Counsel for the assessee referring to the petition filed ... within the time, and also not explained the reasons for delay in filing the appeal. Therefore, the petition filed by the assessee for condonation of delay should not be admitted. 3. We have heard both the parties and considered the reasons of the assessee in the petition for condonation

Kerele Balwanth Reddy, Ranga Reddy vs. ITO., Ward-1, Vikarabad

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

ITA 232/HYD/2025[2016-17]Status: DisposedITAT Hyderabad26 Mar 2025AY 2016-17

Bench: The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Along With An Affidavit & Explained The Reasons For Delay. Shri, S.K. Gupta, The Ld. Counsel For The Assessee Referring To The Petition Filed By The Assessee Submitted That, Although The Assessee Has Paid Appeal Fees On 5/10/2023 & Filed Relevant Form- 36 On 06/10/2023 But, Because Of Certain Errors In Digital Signature Certificate (In Short “Dsc”), The Form-36 Could Not Be Uploaded. However, The Assessee Has Obtained Dsc & Filed Digitally Signed Form- 36 On 10/01/2025 With A Delay Of 437 Days. The Said Delay Is Beyond The Control Of The Assessee. He Therefore Submitted That The Delay In Filing The Appeal Is Neither Intentional Nor For Want Of Any Undue Benefit. Therefore, In The Interest Of Justice, The Delay May Be Condoned.

Section 115BSection 139(1)Section 142(1)Section 144Section 147Section 148Section 69A

find that there is a delay of 437 days in filing the appeal before the Tribunal. The assessee has filed a petition for condonation of delay along with an affidavit and explained the reasons for delay. Shri, S.K. Gupta, the Ld. Counsel for the assessee referring to the petition filed ... within the time, and also not explained the reasons for delay in filing the appeal. Therefore, the petition filed by the assessee for condonation of delay should not be admitted. 3. We have heard both the parties and considered the reasons of the assessee in the petition for condonation