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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

Patan Education Society, Satara vs. ITO Exemption 1, Pune

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

ITA 705/PUN/2025[2017-18]Status: DisposedITAT Pune04 Feb 2026AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.705/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Patan Education Society, Vs. Ito (Exemption)-1, Shikka Mension, Patan S.O., Pune. Patan, Satara- 415206. Pan : Aaatp8412H Appellant Respondent Assessee By : Shri Prateek Jha & Shri Prayag Jha Revenue By : Shri Vinod Pawar Date Of Hearing : 08.01.2026 Date Of Pronouncement : 04.02.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.01.2025 Passed By Ld. Addl./Jcit(A)-2, Visakhapatnam [‘Ld. Cit(A)’] For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Ld Cit(A) Erred In Sustaining The Order Under Section 143(1) Without Appreciating That The Adjustment Made Was Beyond The Purview Of The Provisions Of Section 143(1).

For Appellant: Shri Prateek Jha &For Respondent: Shri Vinod Pawar
Section 11Section 11(2)(c)Section 12ASection 13(9)Section 139(1)Section 143(1)

Bahadur Bissesswarlal Motilal Malwasie Trust, [1992] 195 ITR 825 (Calcutta) & also furnished copy of CBDT Circular with regard to condonation of delay. 8. Ld. AR fairly conceded before the bench that for assessment year 2018-19 similar addition was made by CPC by denying the deduction ... record including the paper book, copy of Form 10B audit report, copy of case laws, copy of circular issued by CBDT for condonation of delay and copy of decision already passed by this Tribunal in the case of the assessee for assessment year 2018-19 wherein the Tribunal dismissed

Jithender Reddy Polu, Nalgonda vs. ITO, Ward-1, Suryapet

In the result, appeal filed by the assessee is allowed for statistical purposes in terms of our aforesaid observations

ITA 1493/HYD/2025[2017-18]Status: DisposedITAT Hyderabad04 Feb 2026AY 2017-18

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1493/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2017-18) Jithender Reddy Polu, Vs. Income Tax Officer, Nalgonda. Ward-1, Pan:Ahlpp6612R Suryapet. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Nagaraju, Advocate राज" व "ारा/Revenue By: Ms. Aditi Goyal, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 02/02/2026 घोषणा की तारीख/Date Of 04/02/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 08/01/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 144 Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 05/12/2019 For The Assessment Year (Ay) 2017-18. The Assessee Has Assailed The Impugned Order Of The Cit(A) On The Following Grounds Of Appeal:

For Appellant: Shri Nagaraju, AdvocateFor Respondent: Ms. Aditi Goyal, Sr. AR
Section 10(1)Section 142(1)Section 144Section 271ASection 69A

Elaborating on the reasons leading to the delay, the Ld. AR had drawn our attention to the application filed by the assessee seeking condonation of delay, dated 24/11/2025 accompanied with his “affidavit” of even date. The Ld. AR submitted that the assessee had neither received the notices intimating the fixation ... Apex Court while setting aside the order of the Hon'ble High Court of Chhattisgarh, which had approved the declining of the condonation of delay of 166 days by the Income-Tax Appellate Tribunal, Raipur Bench, had observed, that a justice-oriented and liberal approach should be adopted while considering

Farook Shaikh, North Goa vs. Income Tax Officer, Ward 1(1), North Goa

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

ITA 406/PAN/2025[2016-17]Status: DisposedITAT Panaji03 Feb 2026AY 2016-17

Bench: Shri Pavan Kumar Gadalei T A. Nos. 406/Pan/2025 (A.Y.2016-17) Farook Shaikh, National Faceless Vs H.No.961, Assessment Centre, . Near Syndicate Bank, New Delhi-110003. Sanquelim, North Goa-403505, Goa. Pan.No.Fstps6016N (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Sanket Bakshi.Ar Revenue By Smt.Rijula Uniyal.Sr.Dr सुनवाई की तारीख/Date Of Hearing 29.01.2026 घोषणा की तारीख/Date Of Pronouncement 03.02.2026 Order Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assesse Against The Order Of National Faceless Appeal Centre (Nfac) Delhi / Cit(A) Passed U/Sec147 R,W,S144 & U/Sec 250 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Order Of The Cit(A) In Not Condoning The Delay In Filling The Appeal & Sustaining The Addition Of Unexplained Investment U/Sec69 Of The Act By The Assessing Officer. 2. The Brief Facts Of The Case Are That, The Assessee Is In Employment Outside India & Has Not Filed The Return Of Income. The Assessing Officer (Ao) Based On The Information From Ddit(Inv) Bangalore In Respect Of Search

Section 144Section 69

U/sec 250 of the Act. The assesse has raised the grounds of appeal challenging the order of the CIT(A) in not condoning the delay in filling the appeal and sustaining the addition of unexplained investment u/sec69 of the Act by the Assessing Officer. 2. The brief facts ... there could be various reasons for no proper compliance. Whereas the affidavit and application U/sec 249(3) of the Act for condonation of delay of in filling the appeal was not filed before the CIT(A) by the assessee. The Ld.AR emphasized that the assessee to buy peace with

Shri Rajbirinder Singh Chahal, Chandigarh vs. Income Tax Officer, Ward-5(5), Chandigarh

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

ITA 1157/CHANDI/2025[2013-14]Status: DisposedITAT Chandigarh03 Feb 2026AY 2013-14

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1157/Chd/2025 "नधा"रण वष" / Assessment Year: 2013-14 Shri Rajbirinder Singh Chahal, The Ito, C/O Shri Tej Mohan Singh, Advocate Vs Ward 5(5), # 527, Sector 10-D, Chandigarh. Chandigarh. "थायी लेखा सं./Pan No: Aeepc0143E अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Tej Mohan Singh, Advocate Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr. Dr Date Of Hearing : 03.02.2026 Date Of Pronouncement : 03.02.2026

For Appellant: Shri Tej Mohan Singh, AdvocateFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr. DR
Section 249Section 251(1)(a)Section 253Section 3Section 5

Solutions Pvt. Ltd. 3. The Registry has pointed out that appeal is time barred by 40 days. Assessee has filed an application for condonation of delay and annexed an affidavit alongwith the application. According to the assessee, he only came to know about the impugned ex-parte order ... also been used identically in sub- section 3 of section 249 of Income Tax Act, which provides powers to the ld. Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction

Mandi Saksharta Evum Janvikas Samiti, Mandi vs. Addl. CIT, CPC, Bangalore

The appeal stand allowed for statistical purposes

ITA 714/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh03 Feb 2026AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.714/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2018-19) Mandi Saksharta Evum Janvikas Samiti Addl. Cit बनाम/ Saksharta Bhawan Mandi (T), Mandi H.O. Cpc, Bengaluru Vs. Himachal Pradesh India – 175001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaajm-0214-C (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Vigyan Prakash Arora (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Dr. Ranjit Kaur (Addl. Cit) - Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 02.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 03.02.2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018- 19 Arises Out Of An Order Of Learned Addl. / Joint Commissioner Of Income Tax (Appeals)-10, Mumbai [Cit(A)] Dated 13-02-2024 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 04-03-2020. The Registry Has Noted Delay Of 66 Days In The Appeal. Considering The Background Of The Assessee, The Delay Is Condoned. Having Heard Rival Submissions, The Appeal Is Disposed-Off As Under.

For Appellant: Sh. Vigyan Prakash Arora (CA) – Ld. ARFor Respondent: Sh. Dr. Ranjit Kaur (Addl. CIT) - Sr. DR
Section 119(2)(b)Section 143(1)

assessee was to file revised return by resorting to the provisions of Sec.119(2)(b) by making an application to the Board. The condonation of delay was not in the domain of first appellate authority. Accordingly, the relief as claimed by the assessee was not allowed. Aggrieved, the assessee