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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

Five Force Security Solutions Pvt. Ltd., Mohali vs. ITO, Ward 2(1), Chandigarh, Aayakar Bhawan

The appeal stand allowed for statistical purposes

ITA 865/CHANDI/2024[2021-22]Status: DisposedITAT Chandigarh12 Mar 2025AY 2021-22

Bench: Hon’Ble Shri Raj Pal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.865/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2017-18) M/S Five Force Security Solutions P. Ltd. Acit 2(1) बनाम/ Scf No 20, Top Floor Aaykar Bhawan Vs. Phase 5, Mohali (Punjab)-160055 Chandigarh 160017 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcf-4798-C (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Shubham (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 04-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 12-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2021-22 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 19-06-2024 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 13-11-2022. The Cpc Made Disallowance Of Late Payment Of Pf / Esi Against Which The Assessee Preferred First Appeal. The Ld. Cit(A) Dismissed The Appeal For Want Of Condonation Of Delay Of 27 Days & Also For Non-Prosecution Of Appeal On The Part Of The Assessee. Aggrieved, The Assessee Is In Further Appeal Before Us.

For Appellant: Shri Shubham (CA) – Ld. ARFor Respondent: Shri Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 143(1)

late payment of PF / ESI against which the assessee preferred first appeal. The Ld. CIT(A) dismissed the appeal for want of condonation of delay of 27 days and also for non-prosecution of appeal on the part of the assessee. Aggrieved, the assessee is in further appeal before ... Apparently, there is a mistake in filling correct particulars in Tax Audit Report. The Ld. CIT(A), in our opinion, erred in not condoning small delay of 27 days. Nevertheless we set aside the impugned order and restore the impugned issue back to the file of Ld. AO to verify

Govindji Budhaji Thakor, Ahmedabad vs. The ITO, Ward-3(3)(2), Ahmedabad

In the result, the appeal of the Assessee is allowed for statistical

ITA 87/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad12 Mar 2025AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.87/Ahd/2025 निर्धारण वर्ष / Assessment Year : 2017-18 Govindji Budhaji Thakor The Ito Shakar Bhuwan बनाम / Ward-3(3)(2) Makarbiya Wad V/S. Ahmedabad – 380 015 B/H. Karnavati Club S.G. Highway, Mohmedpura Ahmedabad – 380 058 स्थायी लेखा सं./Pan: Apopc 8837 L (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri Manish J. Shah & Rushin Patel, Ars Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख /Date Of Hearing : 11/03/2025 घोषणा की तारीख / Date Of Pronouncement: 12/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 22.02.2024, Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], For The Assessment Year (Ay) 2017-18, Arising Out Of The Ex-Parte Assessment Order Dated 19/11/2019 Passed Under Section 144 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act"], By The Income Tax Officer, Ward- 3(3)(2), Ahmedabad [Hereinafter Referred To As “Ao”].

For Appellant: Shri Manish J. Shah &For Respondent: Shri Rignesh Das, Sr.DR
Section 142(1)Section 143(2)Section 144Section 250Section 270ASection 271ASection 69A

delay of 258 days. 6. On the background of the facts and circumstances, the Departmental Representative (DR) raised no objection to the condonation of delay. 7. Considering the genuine hardship faced by the assessee, we find that the reasons for the delay are bona fide and do not reflect

Centre for Social Service and Research, Dindigul vs. CIT (Exemption), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 3305/CHNY/2024[-]Status: DisposedITAT Chennai12 Mar 2025

Bench: Shri George George K & Shri Jagadishआयकर अपील सं./Ita No.: 3304 & 3305/Chny/2024 Centre For Social Service & Cit (Exemption), Research, Vs. Chennai. Hanumantharayankottai, Dindigul-624 054. Pan: Aacac-6395-H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri A.G.Sathyanarayana, Advocate ""यथ" क" ओर से/Respondent By : Shri R.Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 11.03.2025 घोषणा क" तारीख/Date Of Pronouncement : 12.03.2025 आदेश /O R D E R Per George George K: These Two Appeals At The Instance Of The Assessee Are Directed Against Two Separate Orders Of Cit(E) Both Dated 21.08.2024, Rejecting Form No.10Ab Filed For Seeking Registration U/S.12Ab & Approval U/S.80G Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). 2. There Is A Delay Of 207 Days In Filing These Appeals. The Assessee Has Filed Petition For Condonation Of Delay Stating Therein The Reasons For Belated Filing Of These Appeals. The Reasons Stated

For Appellant: Shri A.G.Sathyanarayana, AdvocateFor Respondent: Shri R.Clement Ramesh Kumar, CIT
Section 12ASection 80G

hereinafter the ‘Act’). 2. There is a delay of 207 days in filing these appeals. The assessee has filed petition for condonation of delay stating therein the reasons for belated filing of these appeals. The reasons stated ITA No.3304 & 3305/CHNY/2024 in the condonation application for belated filing of these appeals ... view that there is sufficient cause for belated filing of these appeals and no latches can be attributed to the assessee. Hence, we condone the delay in filing these appeals and proceed to dispose off the appeals on merits. 4. At the very outset, we notice that

Centre for Social Service and Research, Dindigul vs. CIT (Exemption), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 3304/CHNY/2024[-]Status: DisposedITAT Chennai12 Mar 2025

Bench: Shri George George K & Shri Jagadishआयकर अपील सं./Ita No.: 3304 & 3305/Chny/2024 Centre For Social Service & Cit (Exemption), Research, Vs. Chennai. Hanumantharayankottai, Dindigul-624 054. Pan: Aacac-6395-H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri A.G.Sathyanarayana, Advocate ""यथ" क" ओर से/Respondent By : Shri R.Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 11.03.2025 घोषणा क" तारीख/Date Of Pronouncement : 12.03.2025 आदेश /O R D E R Per George George K: These Two Appeals At The Instance Of The Assessee Are Directed Against Two Separate Orders Of Cit(E) Both Dated 21.08.2024, Rejecting Form No.10Ab Filed For Seeking Registration U/S.12Ab & Approval U/S.80G Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). 2. There Is A Delay Of 207 Days In Filing These Appeals. The Assessee Has Filed Petition For Condonation Of Delay Stating Therein The Reasons For Belated Filing Of These Appeals. The Reasons Stated

For Appellant: Shri A.G.Sathyanarayana, AdvocateFor Respondent: Shri R.Clement Ramesh Kumar, CIT
Section 12ASection 80G

hereinafter the ‘Act’). 2. There is a delay of 207 days in filing these appeals. The assessee has filed petition for condonation of delay stating therein the reasons for belated filing of these appeals. The reasons stated ITA No.3304 & 3305/CHNY/2024 in the condonation application for belated filing of these appeals ... view that there is sufficient cause for belated filing of these appeals and no latches can be attributed to the assessee. Hence, we condone the delay in filing these appeals and proceed to dispose off the appeals on merits. 4. At the very outset, we notice that