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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

Raj Kishor Prasad, Nalanda vs. Assessment Unit, Income Tax, Delhi

The appeal of the assessee is allowed for statistical purposes

ITA 344/PAT/2024[2018-19]Status: DisposedITAT Patna13 Jan 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.344/Pat/2024 Assessment Year: 2018-19 Raj Kishor Prasad………….. ………...…..…………………....Appellant Station Road, Harnaut, Nalanda, Bihar – 803110. [Pan: Bpkpp0668B] Vs. Assessment Unit, Income Tax Department............................…..…..... Respondent Appearances By: Shri Ajay Kr. Rastogi, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2025 Date Of Pronouncing The Order : January 13, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 12.01.2024 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 16 Days In Filing The Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause Therein. 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 An Information Was Received From The Insight Portal Which Suggested That The Income Chargeable To Tax Has Escaped Assessment In The Case Of The Assessee For The Assessment

Section 139Section 148Section 249(4)(b)Section 250Section 68

outset, the Registry has informed that there is a delay of 16 days in filing the appeal. The assessee filed an application for condonation of delay stating reasons for such delay. After considering the application, we find reasonable cause therein. We, therefore, condone the delay in filing the appeal

Dharmendra Kumar, Patna vs. ITO Ward 4 (2), Patna

The appeal of the assessee is dismissed

ITA 61/PAT/2023[2017-18]Status: DisposedITAT Patna13 Jan 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.61/Pat/2023 Assessment Year: 2017-18 Dharmendra Kumar……….. ………...…..…………………....Appellant Panchuchak Ramnagar Colony, Patna, Bihar – 801503. [Pan: Bftpk2616B] Vs. Ito, Ward-4(2), Patna………………….............................…..…..... 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 13, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.07.2022 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. Brief Facts Of The Case Are That Based On An Information Obtained From Aims Database By Using Itba Modules, The Assessing Officer Observed That The Assessee Had Deposited Rs.39,23,000/- In Various Bank Accounts During The Period Of Demonetisation. As The Assessee Did Not File A Return Of Income & The Source Of The Said Deposits Were Remained Unexplained & Unaccounted For During The Relevant Assessment Year, The Assessing Officer Believed That Income Chargeable To Tax Had Escaped Assessment Within The Meaning Of Section 147 Of The Act. Accordingly, The Assessing Officer Issued Notices U/S 142(1) Along With 148 Of The Act To The Assessee But There Was No Response From The

Section 133(6)Section 142(1)Section 147Section 250Section 69A

anyone turned up nor any representation has been given. We additionally find that the assessee has also failed to file any application for condonation of delay of 149 days in filing the present appeal explaining such delay before us. In this respect, we emphasise that procedural compliance like filing ... application for condonation of delay 2 I.T.A. No.61/Pat/2023 Assessment Year: 2017-18 Dharmendra Kumar is essential for maintaining of an appeal. In the absence of any application of condonation of such delay and also on the ground of any representation before us on the part of the assessee, we dismiss

Bssbuildcon P.Ltd, New Delhi vs. ITO, Ward-5(2), New Delhi

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

ITA 6409/DEL/2018[2013-14]Status: HeardITAT Delhi13 Jan 2025AY 2013-14

Bench: Shri Vikas Awasthyआअसं.6409/िद"ी/2018 (िन.व. 2013-14) Bss Buildcon Pvt. Ltd., M-133, Greater Kailash, Part-Ii, New Delhi 110048 ...... अपीलाथ"/Appellant Pan: Aaccb-6435-F बनाम Vs. Income Tax Officer, Ward 5(2), R. No. 379, C.R Building, ..... "ितवादी/Respondent I.P Estate, New Delhi अपीलाथ" "ारा/ Appellant By : Shri Devirat Tiwari, Advocate "ितवादी"ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 13/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 13/01/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-13, (Hereinafter Referred To As 'The Cit(A)') Dated 17.08.2018, For Assessment Year 2013-14. 2. The Counsel For The Assessee Stated At Bar That The Assessee Has Opted To Settle The Issue In Appeal Under Vsvs 2024. He Placed On Record Copy Of Form No. 1 Filed Under The Scheme & Submitted That Form No. 2 From The Department Is Awaited. He Prayed For Withdrawing The Appeal.

For Appellant: Shri Devirat Tiwari, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR

appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS