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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

The Ambala Board of Education, Chandigarh vs. Income Tax Officer, Chandigarh

In the result, the appeal of the Assessee is allowed for statistical purposes

ITA 780/CHANDI/2024[2023-24]Status: DisposedITAT Chandigarh30 Jan 2025AY 2023-24

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 780/Chd/2024 "नधा"रण वष" / Assessment Year : 2023-24 The Ambala Board Of The Ito, Education, बनाम Chandigarh Plot No.151, Industrial Vs. Area, Phase Ii, Chandigarh 160002 "थायी लेखा सं./Pan No: Aabat0668H अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Hearing ) "नधा""रती क" ओर से/Assessee By : Sh. Tej Mohan Singh, Advocate राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 29.01.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 30.01.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 30.09.2024 Passed By The Ld. Commissioner Of Income Tax (Exemptions), Chandigarh [Hereinafter Referred To As ‘Cit(E)’], For The Assessment Year 2023-24. 2. The Registry Has Pointed Out That There Was A Delay Of 17 Days In Filing Of The Appeal Before The Tribunal. The Ld. Counsel For The Assessee Has Filed A Letter Dated 23.7.2024 For 780-Chd-2024 The Ambala Board Of Education, Chandigarh

For Appellant: Sh. Tej Mohan Singh, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR

Counsel for the Assessee has filed a letter dated 23.7.2024 for 780-Chd-2024 The Ambala Board of Education, Chandigarh 2 condonation of delay on behalf of The Ambala Board of Education, Chandigarh, which is reproduced as under:- 780-Chd-2024 The Ambala Board of Education, Chandigarh ... delay in filing of the appeal, the delay of 17 days is hereby condoned. 4. The ld. DR has no objection to the condonation of delay. 5. The ld. Counsel of the Assessee, at the very outset, pointed out that the ld. CIT(E) has rejected the registration

Punjab National Bank, Dal Lake Dharamshala Cantt vs. Joint Commissioner of Income Tax (OSD) TDS, Panchkula

In the result, appeal of the assessee is dismissed as withdrawn

ITA 415/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh30 Jan 2025AY 2013-14

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 415/Chd/2023 "नधा"रण वष" / Assessment Year : 2013-14 Punjab National Bank, The Jcit बनाम Dal Lake Dharmshala (Osd)Tds, Cantt. Sector 2, Vs. Tehsil Dharmshala 176216 Panchkula "थायी लेखा सं./Pan No: Ptlpi2710F अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा""रती क" ओर से/Assessee By : None (Withdrawal Application) राज"व क" ओर से/ Revenue By : Dr. Ranjit Kaur, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 29.01.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 30.01.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 22.02.2023 Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2013-14. 2. The Registry Has Pointed Out That There Was A Delay Of 66 Days In Filing Of The Appeal Before The Tribunal. The Ld. Counsel For The Assessee Has Filed A Letter Giving Detailed

For Appellant: None (Withdrawal application)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr.DR
Section 254(2)

Assessee has filed a letter giving detailed 415-Chd-2023 Punajb National Bank, Dharmshala 2 reasoning along with affidavit dated 19.07.2023 for condonation of delay, which is reproduced as under:- 415-Chd-2023 Punajb National Bank, Dharmshala 415-Chd-2023 Punajb National Bank, Dharmshala 4 3. In the affidavit

Punjab National Bank, Dal Lake Dharamshala Cantt vs. Dy. Commisisoner of Income Tax (TDS), Panchkula

In the result, appeal of the assessee is dismissed as withdrawn

ITA 414/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh30 Jan 2025AY 2012-13

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 414/Chd/2023 "नधा"रण वष" / Assessment Year : 2012-13 Punjab National Bank, The Dcit (Tds), Dal Lake Dharmshala बनाम Sector 2, Cantt. Panchkula Vs. Tehsil Dharmshala, Distt. Kangra 176216 "थायी लेखा सं./Pan No: Ptlpi2710F अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा""रती क" ओर से/Assessee By : None (Withdrawal Application) राज"व क" ओर से/ Revenue By : Dr. Ranjit Kaur, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 29.01.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 30.01.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 20.03.2023 Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2012-13. 2. The Registry Has Pointed Out That There Is A Delay Of 40 Days In Filing Of The Appeal Before The Tribunal. The Ld.

For Appellant: None (Withdrawal application)For Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr.DR
Section 254(2)

Tribunal. The ld. 414-Chd-2023 Punjab National Bank, Dharmshala 2 Counsel for the Assessee has filed a letter dated 23.7.2024 for condonation of delay on behalf of Punjab National Bank, Dharmshala, which is reproduced as under:- 414-Chd-2023 Punjab National Bank, Dharmshala 3. In the affidavit, the Branch