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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

M/S D B Infratech, Mumbai vs. Joint Comm of Income Tax Range 32(1), Mumbai

Appeal is treated as allowed for statistical purposes

ITA 6627/MUM/2024[2013-14]Status: DisposedITAT Mumbai27 Feb 2025AY 2013-14

Bench: The Tribunal Be Condoned & The Impugned Order Passed By The Cit(A) Be Set Aside Since The Cit(A) Had Dismissed The Appeal Without Examining The Merits Granting One More Opportunity To The Appellant To Make Out His Case Before The Cit(A) On Merits. Explain The Delay In Filing The Present Appeal, The Learned Authorised Representative For The Assessee Submitted That The Delay Was Caused On Account Of Inadvertent Mistake Committed By The Employee Of The Company Who Was Tasked With The Job Of Keeping Track Of The Appellate Proceedings Before The Cit(A) & Was Asked To Arrange For Filing Appeal Against The Order Passed By The Cit(A).

For Appellant: Shri Mahaveer JainFor Respondent: Shri R. R. Makwana, Addl. CIT
Section 143(3)Section 250

asked to arrange for filing appeal against the order passed by the CIT(A). 3. Per Contra Learned Departmental Representative objected to the condonation of delay in filing the present appeal. Supporting the order passed by CIT(A), Learned Departmental Representative submitted that despite having been granted five opportunities ... been stated that there was a delay of 140 days in filing the appeal, we find that the Assessee has filed application seeking condonation of delay of 508 days in filing the present appeal. The Appellant has filed application seeking condonation of delay wherein it has been stated that that

M/S. Exhibits India Pvt. Ltd., Kolkata vs. A.C.I.T., CC - 4(1), Kolkata

The appeal of the assessee is allowed

ITA 2481/KOL/2024[2016-2017]Status: DisposedITAT Kolkata26 Feb 2025AY 2016-2017

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2481/Kol/2024 Assessment Year: 2016-17 M/S Exhibits India Pvt. Ltd. .……………………………………..….……….Appellant P-496, Keyatala Road, Kolkata – 700029. [Pan: Aabce1359C] Vs. Acit, Central Circle-4(1), Kolkata….…….............……........……...…..…..Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Jyoti Dugar, Ar, Appeared On Behalf Of The Assessee. Shri Sailen Samadder, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25, 2025 Date Of Pronouncing The Order : February 26, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 09.09.2024 Of The Commissioner Of Income Tax (Appeals)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 6 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. The Assessee In The Instant Appeal Has Raised Various Grounds But The Primary Issue Under Consideration Is That An Addition Made By The Assessing Officer U/S 40A(3) Of The Act Alleging The Violation Of Provision Of Cash Payment & Whether The Assessment Made U/S 153A R.W.S.

Section 132(1)Section 133ASection 143(3)Section 153ASection 250Section 40A(3)

Registry has informed that there is a delay of 6 days in filing the present appeal. The assessee filed an application for condonation of delay stating reasons for such delay. After considering the application, we find reasonable cause and the delay was not intentional. We, therefore, condone the delay

Shanti Guru Infra, Trichy vs. ITO, Ward-2(1), Trichy

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

ITA 3239/CHNY/2024[2016-17]Status: DisposedITAT Chennai26 Feb 2025AY 2016-17

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.3239/Chny/2024 (िनधा"रणवष" / Assessment Year: 2016-2017) Shanti Guru Infra, Vs. The Income Tax Officer 53, Chinna Kamala Street, Ward 2(1) Trichy 620 008. Trichy [Pan: Acvfs 2517D] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. D. Anand, Advocate ""यथ" क" ओर से /Respondent By : Ms. M. Aswathy, Jcit. सुनवाई क" तार"ख/Date Of Hearing : 24.02.2025 घोषणा क" तार"ख /Date Of Pronouncement : 24.02.2025 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri. D. Anand, AdvocateFor Respondent: Ms. M. Aswathy, JCIT
Section 143(3)

Stamp paper purchased for Rs.2,25,000/-. However, the ld. CIT(A) dismissed the appeal on the ground of rejection of petition for condonation of delay. There was 201 days delay in filing the appeal. Aggrieved, assessee is in appeal before us. 4. Before the ld. Counsel for assessee submitted ... view that the delay in filing appeal before the ld.CIT(A) is sufficient cause. Hence, we direct the ld.CIT(A) to condone the delay in filing appeal and hear the appeal on merits. Needless to say, that the ld.CIT(A) will follow the principle of natural justice and grant opportunity