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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

Kamanayakanpatti Paccs, Tuticorin vs. ITO, Ward-1, Tuticorin

In the result, appeal filed by the assessee is dismissed

ITA 3209/CHNY/2024[2022-23]Status: DisposedITAT Chennai21 Feb 2025AY 2022-23

Bench: Shri George George K, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 3209/Chny/2024 िनधा"रण वष" / Assessment Year: 2022-23 Kamanaya Kanpatti Primary The Income Tax Officer, Agriculture Credit Coop Society, V. Ward -1, 1/213, Pasuvanthanai Main Road, Tuticorin. Kamanayakanpatti, Tuticorin – 628 501. [Pan: Aaaae-4372-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. Abhishek Murali, Ca : Ms. Gauthami Manivasagam, Jcit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 19.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 21.02.2025

For Appellant: Mr. Abhishek Murali, CA
Section 139(1)Section 143(1)Section 80ASection 80P

appeal has been filed with a delay of more :-3-: ITA. No: 3209/Chny/2024 than 8 months and had not filed an application for condonation of delay or an affidavit for the same. However, the assessee chose to be silent and hence the ld. Addl/JCIT(A) dismissed the appeal by passing ... order dated 21.10.2024 stating that there is no sufficient cause for condonation of delay in filing of the appeal. Aggrieved by the order of the ld. Addl/JCIT(A) the assessee is before us. 5. The ld.AR for the assessee stated that the ld. Addl/JCIT(A) has not provided any opportunity

Baskaran T Thangappan, Sirkali vs. ITO, Ward-1, Nagapattinam

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

ITA 3166/CHNY/2024[2016-17]Status: DisposedITAT Chennai21 Feb 2025AY 2016-17

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3166/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 Shri Baskaran T.Thangappan, Income Tax Officer, 8/1, West Mada Vilagam Street, Vs. Ward-1 Sirkali-609 110. Nagapattinam. Pan: Albpb-5046-P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. N.Arjun Raj, Advocate ""यथ" क" ओर से/Respondent By : Ms.Gauthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 20.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 21.02.2025 आदेश /O R D E R Per George George K: This Appeal At The Instance Of The Assessee Is Directed Against Cit(A) - Nfac Order Dated 28.08.2024, Passed Under Section 250 Of The Income Tax Act, 1961, (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2016-17. 2. There Is A Delay Of 42 Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Stating Therein The Reasons For Belated Filing Of This Appeal & Also A Supporting Affidavit. 3. On Perusal Of The Aforesaid Reasons In The Condonation Application, We Are Of The View That There Is Sufficient Cause For Belated Filing Of This Appeal & No Latches Can Be Attributed To The Assessee. Hence, We Condone The Delay In Filing This Appeal & Proceed To Dispose Off The Appeal On Merits.

For Appellant: Mr. N.Arjun Raj, AdvocateFor Respondent: Ms.Gauthami Manivasagam, JCIT
Section 250

Year is 2016-17. 2. There is a delay of 42 days in filing this appeal. The assessee has filed a petition for condonation of delay stating therein the reasons for belated filing of this appeal and also a supporting affidavit. 3. On perusal of the aforesaid reasons ... view that there is sufficient cause for belated filing of this appeal and no latches can be attributed to the assessee. Hence, we condone the delay in filing this appeal and proceed to dispose off the appeal on merits. 4. At the very outset, we notice that

Sandhya Sital Sangtani, Navi Mumbai vs. National Faceless Appeal Centre (NFAC), Delhi

ITA 3960/MUM/2024[2018-19]Status: DisposedITAT Mumbai21 Feb 2025AY 2018-19

Bench: Br Baskaran & Shri Raj Kumar Chauhansandhya Sital Sangtani Vs. National Faceless Appeal Centre (Nfac) 302, Anand Nagar Sec 17, Ito 28(3)(1), Vashi, Vashi Rly Stn, Navi Mumbai-400703. Navi Mumbai. Pan/Gir No. Aadpk5756E (Applicant) (Respondent) Assessee By Shri Vimal Punmiya Revenue By Shri Krishna Kumar-Cit, Sr. Dr Date Of Hearing 17.01.2025 Date Of Pronouncement 21.02.2025 आदेश / Order Per Raj Kumar Chauhan, Jm: This Appeal Has Been Directed Against The Order Dated 30.04.2024 By Nfac Delhi Mumbai [In Short “Cit(A)”] Passed U/S 250 Of The Income Tax Act [In Short “The Act”], Vide This Impugned Order By Learned Cit(A) For A.Y. 2018- 19, Wherein The Appeal Of The Assessee Was Dismissed On 2 Sandhya Sital Sangtani

Section 142(1)Section 144(1)Section 148ASection 234ASection 250Section 270ASection 50C

wherein the appeal of the assessee was dismissed on 2 Sandhya Sital Sangtani account of delay and learned CIT(A) has refused to condone the delay for 359 days in filing the appeal. 2. The brief facts of the appeal are that the assessee Sandhya Sital Sangtani has sold ... along with penalty notice issued therein. The said order of the Ld.AO was challenged by the assessee before Ld. CIT(A) seeking condonation of delay before the Ld. CIT(A) of 3 Sandhya Sital Sangtani 359 days. Vide impugned order the Ld. CIT(A) refused to condone the delay stating