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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

Vaneet Gupta, S.O. Sh. Chattur Bhuj Gupta, #214, Sector-06, Panchkula vs. PCIT Panchkula Jurisdictional Assessing Officer ITO Ward 5, Panchkula

In the result, Assessee’s appeal is allowed

ITA 560/CHANDI/2024[2011-2012]Status: DisposedITAT Chandigarh20 Jan 2025AY 2011-2012

Bench: Shri Rajpal Yadav & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 560/Chd/2024 "नधा"रण वष" / Assessment Year : 2011-12 Vaneet Gupta, Vs. The Ito, बनाम S.O. Shri Chattur Bhuj Ward 5, Gupta, Panchkula # 214, Sector 6, Panchkula "थायी लेखा सं./Pan No: Aphpg0692N अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Hybrid Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 04.12.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 20.01.2025 आदेश/Order Per Krinwant Sahay, A.M.:

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 143(3)Section 147Section 263

days and the assessee by way of application 560-Chd-2024 – Vaneet Gupta, Panchkula 2 dated 23.11.2024 has filed an application for condonation of delay and has mentioned that there was a change of the counsel during the course of proceedings u/s 263, as the assessee had appointed another counsel ... taken on the merits by the Hon'ble Bench. 560-Chd-2024 – Vaneet Gupta, Panchkula 4 4. We have considered the application for condonation of delay, along with the affidavit and gone through the submissions along with, the affidavit of the assessee and the case laws and considering

Raman Pillai Sivasankara Pillai, Baltana vs. DCIT, International Taxation, Circle, Chandigarh

In the result, appeal of the Assessee stands allowed

ITA 770/CHANDI/2019[2009-10]Status: DisposedITAT Chandigarh20 Jan 2025AY 2009-10

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 770/Chd/2019 "नधा"रण वष" / Assessment Year : 2009-10 Raman Pillai Sivasankara Vs. The Dcit, बनाम Pillai, #1590, Saini Vihar, International Taxation, Phase 3, Baltana, Chandigarh Punjab "थायी लेखा सं./Pan No: Cjcpp4391J अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Dr. Ranjit Kaur, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 05.12.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 20 .01.2025 आदेश/Order Per Krinwant Sahay, A.M.:

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 144Section 147Section 148

appeal filed by the Assessee is time barred by 140 days. The ld. Counsel for the Assessee has filed an Affidavit for condonation of delay, which is reproduced as 770-Chd-2019 – Raman Pillai Sivasankara Pillai Baltana, Punjab 2 under:- 770-Chd-2019 – Raman Pillai Sivasankara Pillai Baltana, Punjab ... reasons furnished by the Assessee in the affidavit for late filing of appeal by 140 days and after considering the same, we hereby condone the delay of 140 days. The ld. DR did not have any objection on this issue. 4. Grounds taken by the Assessee are as under