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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

Subramaniam Saravanakumar, Coimbatore vs. DCIT, Ncc-1, Coimbatore

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

ITA 2953/CHNY/2024[2013-14]Status: DisposedITAT Chennai13 Mar 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.2953/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 Subramaniam Saravanakumar, Vs. The Deputy Commissioner Of No. 188, Sukrawarpet Street, Income Tax, Coimbatore 641 001. Non Corporate Circle 1, Coimbatore. [Pan:Accps5345Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Ms. Sandhya Rani Kure, Jcit सुनवाई की तारीख/ Date Of Hearing : 12.03.2025 घोषणा की तारीख /Date Of Pronouncement : 13.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2013-14. 2. The Assessee Raised 14 Grounds In His Appeal & Mainly Challenged The Order Of The Ld. Cit(A) In Dismissing The Appeal Without Condoning Delay In Filing The Appeal.

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Ms. Sandhya Rani Kure, JCIT
Section 271(1)(c)

Shri N. Arjun Raj, Advocate drew our attention to page 11 & 12 of the impugned order, the petition for condonation of delay in filing the appeal explaining the factual reasons in detail. He vehemently argued that the assessee has not received the penalty order to his e-mail ... proper to remand the matter to the file of the ld. CIT(A) to consider the reasons explained by the assessee afresh, condone the delay and decide the issue on merits in accordance with law. Thus, the grounds raised by the assessee are allowed for statistical purposes

Palani Gurumurthy, Chennai vs. Non- Corporate Ward - 17(6), Chennai

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

ITA 2952/CHNY/2024[2012-2013]Status: DisposedITAT Chennai13 Mar 2025AY 2012-2013

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.2952/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 Palani Gurumurthy, Vs. The Income Tax Officer, No. 10A, Park Lane Paper Mills Road, Non Corporate Ward 17(6), Perambur, Chennai 600 011. Chennai. [Pan:Aihpg8291J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Ms. Sandhya Rani Kure, Jcit सुनवाई की तारीख/ Date Of Hearing : 12.03.2025 घोषणा की तारीख /Date Of Pronouncement : 13.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 81 Days. The Assessee Filed An Affidavit For Condonation Of Delay Explaining Reasons For The Said Delay & Prayed For Condonation Of That Delay. On Perusal Of The 2

For Appellant: NoneFor Respondent: Ms. Sandhya Rani Kure, JCIT
Section 142(1)Section 144Section 148

year 2012-13. 2. We find that this appeal is filed with a delay of 81 days. The assessee filed an affidavit for condonation of delay explaining reasons for the said delay and prayed for condonation of that delay. On perusal of the 2 I.T.A. No.2952/Chny/24 condonation petition and upon