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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

Patloth Laxmi, Hyderabad vs. Income Tax Officer, Ward-9(1), Hyderabad

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

ITA 1382/HYD/2024[2017-18]Status: DisposedITAT Hyderabad04 Feb 2025AY 2017-18

Bench: Shri Laliet Kumar & Shri Manjunatha G.आ.अपी.सं /Ita No.1382/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Patloth Laxmi Vs. Income Tax Officer Hyderabad Ward-9(1) [Pan :Adjpl4782E] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S.Rama Rao, Ar रधजस् व द्वधरध/Revenue By: Shri Srikanth Reddy Y., Dr सुिवधई की तधरीख/Date Of Hearing: 20/01/2025 घोर्णध की तधरीख/Date Of 03/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 08.01.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre (Nfac), Delhi , Pertaining To A.Y.2017-18. 2. At The Outset, It Is Observed That The Appeal Has Been Filed With A Delay Of 270 Days. The Assessee Filed An Affidavit For Condonation Of Delay & Submitted That The Assessee Underwent A Heart Surgery & She Was Advised Bed Rest Upto The Last Week Of December 2024. The Assessee Submitted A Medical Certificate In Proof & Pleaded That The Delay In Filing The Appeal Before The 2

For Appellant: Shri S.Rama Rao, ARFor Respondent: Shri Srikanth Reddy Y., DR
Section 115BSection 133(6)Section 139Section 142(1)Section 69A

outset, it is observed that the appeal has been filed with a delay of 270 days. The assessee filed an affidavit for condonation of delay and submitted that the assessee underwent a heart surgery and she was advised bed rest upto the last week of December 2024. The assessee submitted ... Laxmi Tribunal was due to the circumstances beyond the control of the assessee, which are neither intentional nor deliberate. She, therefore, pleaded to condone the delay and admit the appeal for hearing in the interest of justice. 3. The Ld.DR on the other hand has not raised any objection