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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

Om Prakash, Gaya vs. Dc/Ac, Circle-1, Gaya

The appeal of the assessee is allowed for statistical purposes

ITA 31/PAT/2023[2017-18]Status: DisposedITAT Patna14 Jan 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.31/Pat/2023 Assessment Year: 2017-18 Om Prakash…………………….. ………...…..…………………....Appellant G. B. Road, Murarpur, Gaya – 823001. [Pan: Aocpp7508Q] Vs. Dc/Ac, Circle-1, Gaya………………….............................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 09, 2025 Date Of Pronouncing The Order : January 14, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 06.05.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 215 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause Which Was Beyond The Control Of The Assessee & The Delay Was Not Intentional.. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That The Assessee Is Engaged In Retail Businesses & Service Sector & Filed Return Of Income On 31.03.2018 For The Assessment Year 2017-18 By Declaring A Total Income Of

Section 143(2)Section 143(3)Section 144Section 250Section 270A

Registry has informed that there is a delay of 215 days in filing the present appeal. The assessee filed an application for condonation of delay stating reasons for such delay. After considering the application, we find reasonable cause which was beyond the control of the assessee and the delay ... intentional.. We, therefore, condone the delay in filing the appeal and adjudicate the appeal on merits of the case. 3. Brief facts of the case are that the assessee is engaged in retail businesses and service sector and filed return of income on 31.03.2018 for the assessment year

Umia Charitable Trust, Mumbai vs. Commissioner of Income Tax (Exemptions), Mumbai

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

ITA 6295/MUM/2024[2025-26]Status: DisposedITAT Mumbai14 Jan 2025AY 2025-26

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarvs. Cit, (Exemptions) Umia Charitable Trust Mumbai – 301, Goyal Shopping Centre, S.V. Road, Borivali(W), Mumbai – 400092. Pan/Gir No. Aabtu0069N (Applicant) (Respondent) Assessee By Sh. R.C. Makadia, Revenue By Ms. Nidhi Agarwal, Sr. Dr सुनवाई क" तारीख/Date Of Hearing 13.01.2025 घोषणा क" तारीख/Date Of Pronouncement 14.01.2025 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Trust Challenging The Impugned Order Dated 21.09.2024, Rejection Of Application 10Ab U/S 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 (‘The Act’), By The Ld. Commissioner Of Income Tax (Exemptions), Mumbai (‘Ld. Cit(E)’), For The Assessment Year 2024-25. 2. At The Very Outset, We Noticed That There Is A Delay In Filing The Present Appeal & In This Regard Ld.Ar While

Section 12Section 12A(1)(ac)

filing the present appeal and in this regard Ld.AR while 2 drawing our attention to the contents of the application for seeking condonation of delay, submitted that the notice issued by the department went to spam folder and thus assessee could not come to know about the passing ... assesses own negligent conduct for not pursuing the proceedings diligently before the Ld CIT (E) and there is no sufficient cause for condoning the delay. Therefore, requests for dismissal of application for seeking condonation of delay. 4. After having heard counsels for both the parties on the application for seeking