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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

Prabhat Vivekanandan, Coimbatore vs. ITO, Ncw-3(1), Coimbatore

In the result, the appeal filed by the assessee is dismissed as withdrawn

ITA 3145/CHNY/2024[2015-16]Status: DisposedITAT Chennai18 Feb 2025AY 2015-16

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3145/Chny/2024 िनधा"रण वष"/Assessment Year: 2015-16 Shri Prabhat Vikekanandan Income Tax Officer, 220, East Sambandam Road , Vs. Non-Corporate Ward-3(1) R.S.Puram,Coimbatore-641 002. Coimbatore. Pan: Bgepp-5955-N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mrs. Mathangi, Advocate ""यथ" क" ओर से/Respondent By : Ms.Gauthami Manivasagam, Jcit सुनवाई क" तारीख/Date Of Hearing : 18.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 18.02.2025 आदेश /O R D E R Per George George K:

For Appellant: Mrs. Mathangi, AdvocateFor Respondent: Ms.Gauthami Manivasagam, JCIT
Section 250

Year is 2015-16. 2. There is a delay of 11 days in filing this appeal. The assessee has filed a petition for condonation of delay along with affidavit stating therein the reasons for belated filing of this appeal. On perusal of the aforesaid reasons in the condonation application ... 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. 3. At the outset, it is noticed that the ld.AR

Bindya Ashok Dwara, Dubai, Uae vs. Commissioner of Income Tax (Appeals), Delhi

In the result, the appeal filed by the Assessee stands allowed for statistical purposes

ITA 4543/MUM/2024[2011-12]Status: DisposedITAT Mumbai18 Feb 2025AY 2011-12

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriassessment Year: 2011-12 Mrs. Bindya Ashok Dwara, Commissioner Of Income Flat No.204, Building 9, Tax (Appeals), Foxhill 9, Motor City, Government Of India, Dubai – 124055 Vs. Ministry Of Finance, Pan: Aknpd9713A Income Tax Department, National Faceless Appeal Centre (Nfac), Delhi – 110001 (Appellant) (Respondent) Present For: Assessee By : Shri Harman Sodhi, Ld. A.R. Revenue By : Ms. Monika H. Pande, Ld. Sr. D.R. Date Of Hearing : 18 . 12 .2024 Date Of Pronouncement : 18.02.2025 O R D E R

For Appellant: Shri Harman Sodhi, Ld. A.RFor Respondent: Ms. Monika H. Pande, Ld. Sr. D.R
Section 139(1)Section 147Section 148Section 250Section 69

various documents in support of her case, however with a delay of more than six years and without filing any application seeking such condonation of delay either. 4. The Ld. Commissioner ultimately dismissed the appeal of the Assessee mainly on the reasons that source of investment is unverifiable. The appeal ... delayed and the Assessee has not followed procedure or filed any application seeking such condonation of delay in filing of appeal and also not cared to file any application under rule 46A of the Rules, seeking admittance of additional evidences. The Ld. Commissioner ultimately affirmed the aforesaid addition, by dismissing

Morrys Foundation, Gandhinagar vs. The CIT(Exemption), Ahmedabad

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

ITA 1963/AHD/2024[NA]Status: DisposedITAT Ahmedabad14 Feb 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1962/Ahd/2024 & 1963/Ahd/2024 निर्धारण वर्ष / Assessment Year : - Morrys Foundation Sf-203, Plot No.R-1, K. Road, Nr. New Green C, Sector-26, Gandhinagar – 382 028 स्थायी लेखा सं./Pan: Aaqcm 3419 G बनाम / The Cit (Exemption) V/S. Anandnagar-Prahladnagar Road Ahmedabad – 380 015 अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By : Shri Suchit Patel, Ar Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 13/02/2025 घोषणा की तारीख / Date Of Pronouncement: 14/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax (Exemptions), Ahmedabad [Hereinafter Referred To As “Cit(E)"] Dated 05.04.2024 & 03.04.2024, Rejecting The Assessee'S Applications For Registration Under Section 12Ab Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act") & Approval Under Section 80G(5) Of The Act Respectively.

For Appellant: Shri Suchit Patel, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 12ASection 80G(5)

approval under Section 80G(5) of the Act respectively. ITA Nos.1962 & 1963/Ahd/2024 Morrys Foundation vs. CIT (E) 2 Condonation of delay 2. The appeals were delayed beyond the prescribed time limit. The assessee has filed an affidavit for condonation of delay, citing that the delay was due to failure ... Form 10AB of the Act, and the medical condition of the trustee. The Departmental Representative (DR) has not raised any objections against the condonation of delay. Considering the facts and circumstances, and in the interest of justice, we find that the assessee was prevented by a reasonable cause from filing

Morrys Foundation, Gandhinagar vs. The CIT(Exemption), Ahmedabad

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

ITA 1962/AHD/2024[NA]Status: DisposedITAT Ahmedabad14 Feb 2025

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1962/Ahd/2024 & 1963/Ahd/2024 निर्धारण वर्ष / Assessment Year : - Morrys Foundation Sf-203, Plot No.R-1, K. Road, Nr. New Green C, Sector-26, Gandhinagar – 382 028 स्थायी लेखा सं./Pan: Aaqcm 3419 G बनाम / V/S.\The Cit (Exemption) Anandnagar-Prahladnagar Road Ahmedabad – 380 015 अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By : Shri Suchit Patel, Ar Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 13/02/2025 घोषणा की तारीख / Date Of Pronouncement: 14/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax (Exemptions), Ahmedabad [Hereinafter Referred To As “Cit(E)"] Dated 05.04.2024 & 03.04.2024, Rejecting The Assessee'S Applications For Registration Under Section 12Ab Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act") & Approval Under Section 80G(5) Of The Act Respectively.

For Appellant: Shri Suchit Patel, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 12ASection 80G(5)

approval under Section 80G(5) of the Act respectively. ITA Nos.1962 & 1963/Ahd/2024 Morrys Foundation vs. CIT (E) 2 Condonation of delay 2. The appeals were delayed beyond the prescribed time limit. The assessee has filed an affidavit for condonation of delay, citing that the delay was due to failure ... Form 10AB of the Act, and the medical condition of the trustee. The Departmental Representative (DR) has not raised any objections against the condonation of delay. Considering the facts and circumstances, and in the interest of justice, we find that the assessee was prevented by a reasonable cause from filing