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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

Anka Realtors, Hyderabad vs. Assistant Commissioner of Income Tax Central Circle3-(4), Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 104/HYD/2021[2013-14]Status: DisposedITAT Hyderabad25 Feb 2025AY 2013-14

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

observed that the appeal has been filed by the assessee with the delay of 27 days. The assessee filed a petition for condonation of delay and submitted that the order of the Ld.CIT(A) was received on 03.11.2020 and the appeal ought to have been filed before the Tribunal ... appeal is due to the reasons beyond the control of the assessee, which are neither intentional nor deliberate. He, therefore, pleaded to condone the delay and admit the appeal for hearing, for which the Ld.DR has not raised any objection. 16. We have gone through the condonation petition filed

Anka Realtors, Hyderabad vs. Assistant Commissioner of Income Tax Central Circle3-(4), Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 103/HYD/2021[2012-13]Status: DisposedITAT Hyderabad25 Feb 2025AY 2012-13

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

observed that the appeal has been filed by the assessee with the delay of 27 days. The assessee filed a petition for condonation of delay and submitted that the order of the Ld.CIT(A) was received on 03.11.2020 and the appeal ought to have been filed before the Tribunal ... appeal is due to the reasons beyond the control of the assessee, which are neither intentional nor deliberate. He, therefore, pleaded to condone the delay and admit the appeal for hearing, for which the Ld.DR has not raised any objection. 16. We have gone through the condonation petition filed

Anka Realtors, Hyderabad vs. Assistant Commissioner of Incom, Hyderabad

In the result, appeal filed by the Revenue and assessee for the A

ITA 102/HYD/2021[2011-12]Status: DisposedITAT Hyderabad25 Feb 2025AY 2011-12

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.71/Hyd/2021 To 75/Hyd/2021 (निर्धारण वर्ा/A.Y.: 2011-12, 2012-13, 2015-16 To 2017-18) Asst.Commissioner Of Vs. M/S Ankaa Realtors Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.102/Hyd/2021 To 108/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2011-12 To 2017-18) M/S Ankaa Realtors Vs. Asst.Commissioner Of Income Tax Hyderabad Central Circle-3(4) [Pan : Abffa0287M] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 27/11/2024 घोर्णध की तधरीख/Date Of 25/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Cross Appeals Filed By The Revenue & The Assessee Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2011-12 To 2017-18. Since, Facts Are Identical & Issues Are Common, For The Sake Of Convenience, The Appeals Filed By The Revenue This Common Order.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Shri Srinath Sadanala, DR
Section 132Section 139Section 139(1)Section 139(5)Section 153A

observed that the appeal has been filed by the assessee with the delay of 27 days. The assessee filed a petition for condonation of delay and submitted that the order of the Ld.CIT(A) was received on 03.11.2020 and the appeal ought to have been filed before the Tribunal ... appeal is due to the reasons beyond the control of the assessee, which are neither intentional nor deliberate. He, therefore, pleaded to condone the delay and admit the appeal for hearing, for which the Ld.DR has not raised any objection. 16. We have gone through the condonation petition filed

Pramod Lakra, Deputy Commissioner of Income Tax, Circle-11(1), Kolkata vs. Avr Storage Tank Terminals Pvt Ltd, Kolkata

In the result, the captioned appeal of the revenue is dismissed

ITA 2485/KOL/2024[2020-21]Status: DisposedITAT Kolkata25 Feb 2025AY 2020-21

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2485/Kol/2024 Assessment Year: 2020-21 Dcit, Circle-11(1), Kolkata.…………………………………………..….……….Appellant Vs. Avr Storage Tank Terminals Pvt. Ltd. ….……............................……...…..…..Respondent 232/A, Acharya Jagadish Chandra Bose Road, Minto Park, Kolkata-20. [Pan: Aafca6801R] Appearances By: Shri Aakash Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Sailen Samadder, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 25, 2025 Date Of Pronouncing The Order : February 25, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Revenue Against An Order Dated 17.04.2024 Of The National Faceless Appeal Centre [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 159 Days In Filing The Present Appeal. The Revenue 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 Present Appeal Has Been Filed By The Revenue Challenging Various Grounds. However, The Primary Contention Of The Revenue Is That The Ld. Cit(A) Erred In Allowing Deduction For Payment Of Education Cess & Higher Education Cess Which Is Against The Provisions Of Income Tax

Section 250

Registry has informed that there is a delay of 159 days in filing the present appeal. The revenue 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