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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

Chrysalis Play School Pvt. Ltd., Chennai vs. DCIT, Corporate Circle-1(1), Chennai

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

ITA 3586/CHNY/2025[2022-23]Status: DisposedITAT Chennai02 Feb 2026AY 2022-23

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.3586/Chny/2025 िनधा"रण वष"/Assessment Year: 2022-23 Chrysalis Play School Private Ltd., Vs. The Deputy Commissioner Of 12, South Mada Street, Srinagar Income Tax, Colony, Saidapet, Chennai 600 015. Corporate Circle 1(1), Chennai. [Pan: Aaicc2959D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Girish Kumar, Advocate ""थ" की ओर से/Respondent By : Shri Y. Sudarshan, Jcit सुनवाई की तारीख/ Date Of Hearing : 27.01.2026 घोषणा की तारीख /Date Of Pronouncement 02.02.2026 : आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.12.2024 Passed By The Addl./Jcit(A), Faridabad For The Assessment Year 2022-23. 2. We Find That This Appeal Is Filed With A Delay Of 273 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, In 2

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Shri Y. Sudarshan, JCIT
Section 139(1)Section 143(1)Section 170A

year 2022-23. 2. We find that this appeal is filed with a delay of 273 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, in 2 I.T.A. No.3586/Chny/25 the interest of justice ... condone the delay and admit the appeal for adjudication. 3. At the outset, we note that the assessee filed return of income under section 139(1) of the Income Tax Act, 1961 [“Act” in short] on 06.10.2022 admitting a total income

Jude Antony Durai Raj, Tirunelveli vs. ACIT, Circle-1, Tirunelveli

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

ITA 3585/CHNY/2025[2019-20]Status: DisposedITAT Chennai02 Feb 2026AY 2019-20

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.3585/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 Jude Antony Durai Raj, Vs. The Assistant Commissioner Of B-67, 17Th Cross Street, Maharaja Income Tax, Nagar, Tirunelveli 627 011. Circle 1, Tirunelveli. [Pan: Addpj2991H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Girish Kumar, Advocate ""थ" की ओर से/Respondent By : Shri Y. Sudarshan, Jcit सुनवाई की तारीख/ Date Of Hearing : 27.01.2026 घोषणा की तारीख /Date Of Pronouncement 02.02.2026 : आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.07.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2019-20. 2. We Find That This Appeal Is Filed With A Delay Of 59 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, In 2

For Appellant: Shri S. Girish Kumar, AdvocateFor Respondent: Shri Y. Sudarshan, JCIT
Section 43CSection 44ASection 50C

year 2019-20. 2. We find that this appeal is filed with a delay of 59 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, in 2 I.T.A. No.3585/Chny/25 the interest of justice ... condone the delay and admit the appeal for adjudication. 3. At the outset, the Assessing Officer noted that the assessee sold immovable property for an amount of ₹.26,50,000/- by cash, but, however, in the return of income the assessee disclosed the sale consideration at ₹.3,02,155/-, whereas

Ganapathy Educational and Charitable Trust, Tirupur vs. CIT, Exemptions, Chennai

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

ITA 3550/CHNY/2025[-]Status: DisposedITAT Chennai02 Feb 2026

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.3550/Chny/2025 िनधा"रण वष"/Assessment Year: - Ganapathy Educational & Charitable Vs. The Commissioner Of Trust, 182, East Thottam, Income Tax (Exemption), Mavilamparai, Kalapuram, Udumalpet, Chennai. Tirupur 642 102. [Pan:Aabtg3011A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Paramasivam, Advocate (Virtual) ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2026 घोषणा की तारीख /Date Of Pronouncement 02.02.2026 : आदेश /O R D E R Per S.S. Viswanethra Ravi:

For Appellant: Shri Paramasivam, Advocate (Virtual)For Respondent: Shri AR V Sreenivasan, CIT
Section 119(2)(b)Section 80G

activities for the betterment of people particularly students from rural area. He prayed that the ld. CIT(E) may be directed to condone the delay and grant approval under section 80G of the Act. 4. The ld. DR Shri AR V Sreenivasan, CIT vehemently opposed the submissions ... submits that the assessee has not filed 3 I.T.A. Nos.3550/Chny/25 petition for condonation of delay of filing application Form 10AB and moreover, no charitable activities carried out by the assessee. Thus, he prayed to confirm the order passed by the ld. CIT(E). 5. Heard both the parties and perused

Yuvasakthi Welfare Association, Pollachi vs. CIT, Exemptions, Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 3549/CHNY/2025[-]Status: DisposedITAT Chennai02 Feb 2026

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. Nos.3548 & 3549/Chny/2025 िनधा"रण वष"/Assessment Year: - Yuvasakthi Welfare Association, Vs. The Commissioner Of Ntpc-Mcet Campus, Udumalpet Income Tax (Exemption), Road, Pollachi 642 003. Chennai. [Pan:Aabay1616J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Paramasivam, Advocate (Virtual) ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2026 घोषणा की तारीख /Date Of Pronouncement 02.02.2026 : आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 24.09.2025 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Applications Dated 28.03.2025 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act As Well As Seeking Approval Under Section 80G Of The Act Respectively.

For Appellant: Shri Paramasivam, Advocate (Virtual)For Respondent: Shri AR V Sreenivasan, CIT
Section 12ASection 12A(1)(ac)Section 3Section 80G

assessee has not filed the application before the extended due date of 30.06.2024 and moreover, the assessee has not filed petition for condonation of delay in filing application. Accordingly, the ld. CIT(E) rejected the application filed in Form 10AB under section 3 I.T.A. Nos.3548 & 3549/Chny/25 ... that the assessee made request vide its letter dated 29.08.2025 for further time for filing the details as well as filing petition for condonation of delay, but, however, without affording reasonable time, the ld. CIT(E) hurriedly passed order dated 24.09.2025. He submits that the assessee is ready to furnish

Yuvasakthi Welfare Association, Pollachi vs. CIT(Exemption), Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 3548/CHNY/2025[-]Status: DisposedITAT Chennai02 Feb 2026

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. Nos.3548 & 3549/Chny/2025 िनधा"रण वष"/Assessment Year: - Yuvasakthi Welfare Association, Vs. The Commissioner Of Ntpc-Mcet Campus, Udumalpet Income Tax (Exemption), Road, Pollachi 642 003. Chennai. [Pan:Aabay1616J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Paramasivam, Advocate (Virtual) ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2026 घोषणा की तारीख /Date Of Pronouncement 02.02.2026 : आदेश /O R D E R Per S.S. Viswanethra Ravi: Both The Appeals Filed By The Assessee Are Directed Against The Order Dated 24.09.2025 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai Rejecting The Applications Dated 28.03.2025 In Form No. 10Ab Under Section 12A(1)(Ac)(Iii) Of The Income Tax Act, 1961 [“Act” In Short] Seeking Registration Under Section 12Ab Of The Act As Well As Seeking Approval Under Section 80G Of The Act Respectively.

For Appellant: Shri Paramasivam, Advocate (Virtual)For Respondent: Shri AR V Sreenivasan, CIT
Section 12ASection 12A(1)(ac)Section 3Section 80G

assessee has not filed the application before the extended due date of 30.06.2024 and moreover, the assessee has not filed petition for condonation of delay in filing application. Accordingly, the ld. CIT(E) rejected the application filed in Form 10AB under section 3 I.T.A. Nos.3548 & 3549/Chny/25 ... that the assessee made request vide its letter dated 29.08.2025 for further time for filing the details as well as filing petition for condonation of delay, but, however, without affording reasonable time, the ld. CIT(E) hurriedly passed order dated 24.09.2025. He submits that the assessee is ready to furnish

Xl Colour Coating, Chennai vs. ITO, Ncw-15(1), Chennai

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

ITA 3505/CHNY/2025[2016-17]Status: DisposedITAT Chennai02 Feb 2026AY 2016-17

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.3505/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Xl Colour Coating, Vs. The Income Tax Officer , Plot No. 76, Industrial Developed Plots, Non Corporate Ward 15(1), Perungudi, Chennai 600 096. Chennai. [Pan:Aaafx0897J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sridhar, Fca ""थ" की ओर से/Respondent By : Shri Sbr Kumar Laghimsetti, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 21.01.2026 घोषणा की तारीख /Date Of Pronouncement 02.02.2026 : आदेश /O R D E R

For Appellant: Shri Y. Sridhar, FCAFor Respondent: Shri SBR Kumar Laghimsetti, Addl. CIT
Section 142(1)Section 147Section 148Section 50C

year 2016-17. 2. We find that this appeal is filed with a delay of 211 days. The assessee filed an affidavit for condonation of delay stating the reasons. 2 I.T.A. No.3505/Chny/25 Upon hearing both the parties and on examination of the said affidavit, in the interest of justice ... condone the delay and admit the appeal for adjudication. 3. At the outset, the ld. AR Shri Y. Sridhar, CA submits that there was no compliance by the assessee before the Assessing Officer and the ld. CIT(A) and the appeal of the assessee was dismissed exparte