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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

DCIT, Circle-5(1), Kolkata vs. Uco Bank Limited, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 288/KOL/2024[2013-14]Status: DisposedITAT Kolkata02 Jan 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.288/Kol/2024 Assessment Year: 2013-14 Dcit, Circle-5(1), Kolkata……………..………………………….…..……Appellant Vs. Uco Bank Ltd………………..............…..….…..……........……...…..…..Respondent 10 B.T.M. Sarani, Bbd Bag, Kol-1. [Pan: Aaacu3561B] Appearances By: Shri Sailen Samadder, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Appellant. Shri Sonu Agarwal, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 02, 2025 Date Of Pronouncing The Order : January 02, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 24.02.2023 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, We Notice That There Is A Delay Of 294 Days In Filing The Instant Appeal. The Revenue Has Submitted An Application For Condonation Of Delay Citing Reasonable Grounds. After Considering The Averments Made In The Application, We Condone The Delay. 3. The Ld. Ar Of The Assessee Submitted That In The Present Case, The Tax Effect By The Revenue Is Less Than Rs.60,00,000/-. He Further Stated That The Cbdt Has Issued A Circular No. 9/2024 Dated 17.09.2024, Whereby The Monetary Limits For Filing Of Appeal By The Department Before Income Tax Appellate Tribunal & High Courts & Slp Before Supreme Court Have Been Increased As A Measure For Reducing Litigation. The

Section 250

outset, we notice that there is a delay of 294 days in filing the instant appeal. The revenue has submitted an application for condonation of delay citing reasonable grounds. After considering the averments made in the application, we condone the delay. 3. The Ld. AR of the assessee submitted that

M/S. Subhrashi Enclave Pvt. Ltd., Kolkata vs. ITO, 10 (2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1963/KOL/2024[2015-16]Status: DisposedITAT Kolkata02 Jan 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1963/Kol/2024 Assessment Year: 2015-16 M/S Subhrashi Enclave Pvt. Ltd...…..…………………....Appellant 14-C, M.D. Road, 4Th Floor, Kolkata – 700007. [Pan: Aascs6378Q] Vs. Ito, Ward-10(2), Kolkata…. ….…….…............................…..…..... Respondent Appearances By: Shri Manoj Kataruka, Ar, Appeared On Behalf Of The Appellant. Shri S.B. Chakraborthy, Addl. Cit & Somnath Das & Somnath Das Biswas, Sr. Drs, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2024 Date Of Pronouncing The Order : January 02, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 01.09.2023 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. The Appeal Is Time-Barred By 324 Days. An Application For Condonation Of Delay Has Been Filed, Which Is Also Supported With The Affidavit Of Shri Subhash Sharma, The Director Of The Assessee Company, Wherein, It Has Been Pleaded That The Impugned Order Of The Cit(A) Was Passed On 01.09.2023 But The Order Was Communicated To The Assessee On 03.09.2024. Immediately, The Assessee Engaged An Authorized Representative & Filed The Appeal. The Ld. Ar Further Stated That The Notice & Also The Impugned Order Were Not Duly Served Upon The Assessee Due To Mismatch Of Email Address Which Was Provided In Form 35. Therefore, The Assessee Was Not Aware Of The Passing Of The

Section 143(2)Section 250

Income Tax Act (hereinafter referred to as the ‘Act’). 2. The appeal is time-barred by 324 days. An application for condonation of delay has been filed, which is also supported with the affidavit of Shri Subhash Sharma, the director of the assessee company, wherein, it has been pleaded that ... appeal was not intentional but due to aforesaid circumstances and the assessee is not a wilful defaulter. Therefore, the ld. AR prayed for condonation of delay. Considering the above submissions, we find reasonable cause behind such delay. Accordingly, we condone the delay of 324 days in filing of the present

Mohd Vizzarath Ali, Hyderabad vs. Income Tax Officer, Ward-8(2), Hyderabad

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

ITA 1271/HYD/2024[2017-18]Status: DisposedITAT Hyderabad01 Jan 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.1271/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Mohd.Vizzarath Ali Vs. Ito, Ward-8(2) Hyderabad Hyderabad [Pan : Avdpa3594K] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms.S.Sandhya, Ar रधजस् व द्वधरध/Revenue By:: Ms.P.Sunitha, Dr सुिवधई की तधरीख/Date Of Hearing: 01/01/2025 घोर्णध की तधरीख/Date Of 01/01/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.08.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre, Delhi, Pertaining To A.Y.2017-18. 2. At The Outset, It Is Observed That The Appeal Has Been Filed With A Delay Of 47 Days. The Assessee Filed An Affidavit For Condonation Of Delay & Submitted That The Assessee Was Under Medical Treatment For B/L Renal Calculi & Lumbar Spondalysis & He Was Advised Complete Bedrest. The Assessee

For Appellant: Ms.S.Sandhya, ARFor Respondent: : Ms.P.Sunitha, DR
Section 115BSection 139Section 142(1)Section 144Section 69A

outset, it is observed that the appeal has been filed with a delay of 47 days. The assessee filed an affidavit for condonation of delay and submitted that the assessee was under medical treatment for B/L Renal Calculi and lumbar Spondalysis and he was advised complete bedrest. The assessee ... Tribunal was due to the circumstances beyond the control of the assessee, which are neither intentional nor deliberate. He, therefore, pleaded to condone the delay and admit the appeal for hearing in the interest of justice. 3. The Ld.DR on the other hand has not raised any objection

Anju Bala L/H Om Parkash, Pinjore vs. ITO- Ward-3, Panchkula

In the result, Assessee’s appeal is allowed

ITA 249/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh31 Dec 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 249/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 Anju Bala बनाम The Ito, Legal Heir Of Shri Om Parkash Ward-3, C/O Dhiman Bansal & Panchkula Associates, 68, Shiv Shakti Colony, Pinjore 134102 "थायी लेखा सं./Pan No: Aavpp0395C अपीलाथ"/Appellant ""यथ"/Respondent ( Virtual Hearing ) "नधा"रती क" ओर से/Assessee By : Smt. Neelam Dhiman, Ca राज"व क" ओर से/ Revenue By :Dr. Danish Abdullah, Jcit सुनवाई क" तार"ख/Date Of Hearing : 27.11.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 31.12.2024 आदेश/Order

For Appellant: Smt. Neelam Dhiman, CAFor Respondent: Dr. Danish Abdullah, JCIT
Section 10Section 10(10)Section 89(1)

eyes of law and on facts. 2 The learned ADDL/JCIT (A) erred in dismissing appeal that there was no genuine reason of condonation of delay whereas he was tax illiterate person and Orders in her father colleague cases were passed in Jan 2020 to June 2020 and it came ... Anju Bala Legal Heir of Shri Om Parkash, Pinjore 6 4. The ld. CIT(A) has not accepted the plea of condonation of delay submitted by the Assessee and he has rejected the belatedly filing the appeal before him. The ld. Counsel of the Assessee pleaded before us citing