← All Phrases

“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

Mr. Roshan A Kudalkar Through Legal Heir Mr. Swaroop R Kudalkar, Khed, Ratnagiri vs. ITO, Ward-3, Ratnagiri

In the result, appeal of the assessee is partly allowed

ITA 2276/PUN/2024[2015-16]Status: DisposedITAT Pune30 Dec 2024AY 2015-16

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.2276/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 Mr.Roshan A Kudalkar V The Income Tax Officer, (Through Legal Heir S Ward-3, Ratnagiri. Mr.Swaroop R Kudalkar), Room No.10/7, Virangula, Behind Animal Hospital Khed, Ratnagiri – 415709. Pan: Agkpk3817B Appellant/ Assessee Respondent / Revenue Assessee By Shri Bhuvanesh Kankani – Ar Revenue By Smt. Shraddha Nichai – Addl.Cit(Dr) Date Of Hearing 11/12/2024 Date Of Pronouncement 30/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Year 2015-16 Dated 19.08.2024 Passed U/Sec.250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On Facts & Circumstances Prevalling In The Case & As Per Provisions & Scheme Of The Act It Be Held That Ld. Cit(A)-Nfac Erred In Dismissing The Appeal Without Intimating About His Intention To Dismiss Appeal For Delay Of 46 Days In Filing Form 35. Accordingly, The Order So Passed By Ld. Cit(A)-Nfac Be Kindly Quashed & Ld. Cit(A)-Nfac Be Kindly Directed To Condone The Delay & Allow The Appellant To File It Submission On Merits & Legality. Accordingly, Appellant Be Granted Just & Proper Relief In This Respect.

Section 243ASection 250

Accordingly, the order so passed by Ld. CIT(A)-NFAC be kindly quashed and Ld. CIT(A)-NFAC be kindly directed to condone the delay and allow the Appellant to file it submission on merits and legality. Accordingly, Appellant be granted just and proper relief in this respect ... opportunity to the Assessee to explain the Delay of 44 days. The assessee had filed a submission with Form No.35 requesting for Condonation of Delay. Ld.AR submitted that there was a valid reason as Assessee had died in 2021, but prior to that Assessee was severely ill. Therefore, ld.CIT

Roxiler Systems Private Limited, Pune vs. The Income Tax Officer, Ward5(4), Pune

In the result the appeal of the assessee is allowed for statistical purpose

ITA 2078/PUN/2024[2022-23]Status: DisposedITAT Pune30 Dec 2024AY 2022-23

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2078/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Roxiler Systems Pvt. Ltd., A 508, Kamal Green Leaf, Vs The Income Tax Officer, Khadakwasala, Pune – 411024. Ward-5(4), Pune. Pan: Aahcr8766J Appellant/ Assessee Respondent / Revenue Assessee By : Shri Sharad S. Vaze & Shri Amod S. Vaze – Ar’S Revenue By : Shri Arvind Desai – Add.Cit(Dr) Date Of Hearing: 18/11/2024 Date Of Pronouncement : 30/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)Addl./Jcit(A), Mysore For Assessment Year 2022-23Dated 20/08/2024 Passed U/Sec.250 Of The Income Tax Act, 1961, Emanating From An Order U/S 143(1) Of The Act Dated 19/08/2023.The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Basis Of Facts & In The Circumstances Of The Case & As Per Law, Rejection Of Claim U/S 80Iac Of The Income Tax Act 1961 (Act) Is Beyond The Powers Of Cpc, Bengaluru In The Powers Of Cps, Bengaluru In Proceedings U/S 143(1) Of The Act. 2. On The Basis Of Facts & In The Circumstances Of The Case & As Per Law, The Commissioner Of Income Tax, (Appeals)-Nfac Delhi Is Not Justified In Rejecting The Claim Of The Assessee U/S 80Iac Of The Act. 3. The Appellant Craves Leave To Add, Alter, Omit Or Substitute Any Of The Grounds At The Time Of Hearing Of The Appeal.”

For Appellant: Shri Sharad S. Vaze and Shri Amod S. Vaze – AR’sFor Respondent: Shri Arvind Desai – Add.CIT(DR)
Section 143(1)Section 250Section 44ASection 80ISection 80J

different where an assessee does a particular act not within specified time but after the expiry thereof and makes an application for condonation of delay. In such cases, depending on the language of the statute and the object sought to be achieved by prescribing the time limit, it would

Rishi Khare, Hyderabad vs. ITO., Ward-12(6), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 827/HYD/2024[2020-21]Status: DisposedITAT Hyderabad30 Dec 2024AY 2020-21

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.827/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2020-21) Rishi Khare Vs. Ito, Ward-12(6) Hyderabad Hyderabad [Pan : Amjpk4465G] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Pankaj Sancheti, Ar रधजस् व द्वधरध/Revenue By:: Shri R.Kumaran, Dr सुिवधई की तधरीख/Date Of Hearing: 18/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.05.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre, Delhi, Pertaining To A.Y.2020-21. 2. At The Outset, It Is Observed That The Appeal Has Been Filed With A Delay Of 45 Days. The Assessee Filed A Petition For Condonation Of Delay & Submitted That The Assessee Was Not Informed Of The Issuance Of The Order Dated 13.05.2024 By The Ld.Cit(A) & He Was Under The Genuine Belief That The Matter

For Appellant: Shri Pankaj Sancheti, ARFor Respondent: : Shri R.Kumaran, DR
Section 139(1)Section 139(5)Section 143(1)Section 90

outset, it is observed that the appeal has been filed with a delay of 45 days. The assessee filed a petition for condonation of delay and submitted that the assessee was not informed of the issuance of the order dated 13.05.2024 by the Ld.CIT(A) and he was under ... assessee further submitted that he has always been a law abiding citizen and committed to fulfilling tax obligations. 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, opposing the petition filed by the assessee

Elumalai Sumathi, Bapatla vs. Income Tax Officer, Ward-1, Ongole

In the result, appeal filed by the assessee is partly allowed

ITA 1165/HYD/2024[2016-17]Status: DisposedITAT Hyderabad30 Dec 2024AY 2016-17

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1165/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Elumalai Sumathi Vs. Income Tax Officer Bapatla Ward-1 [Pan :Abipe4083C] Ongole (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A.Sai Prasad, Ar रधजस् व द्वधरध/Revenue By:: Shri U.Mini Chandran, Dr सुिवधई की तधरीख/Date Of Hearing: 18/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.08.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre (Nfac), Delhi Pertaining To A.Y.2016-17 On The Following Grounds : 1. The Ld.Cit(A) Erred In Law & On Facts In Confirming The Addition Of Rs.36,60,000 As Unexplained Investment U/S 69 Of The Act After Having Admitted The Additional Evidence Filed By The Assessee Under Rule 46A. 2. Any Other Ground Or Grounds That May Be Urged At The Time Of Hearing.

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: : Shri U.Mini Chandran, DR
Section 142(1)Section 147Section 148Section 253(3)Section 69

time of hearing. 2. This appeal filed by the Assessee is time barred by 7 days. The assessee filed a petition for condonation of delay and submitted that she could not file appeal in time due to lack of proper awareness and knowledge of ITAT proceedings and its timelines ... delay in filing the appeal before the Tribunal were neither deliberate nor on account of any malafide intention. She, therefore, pleaded to condone the delay and admit the appeal for hearing. 3. The Ld.DR opposed petition filed for condonation of delay. 4. We have gone through the condonation petition filed

Loveen Babu Vuppala, Secunderabad vs. ITO., Ward-9(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 1121/HYD/2024[2021-22]Status: DisposedITAT Hyderabad30 Dec 2024AY 2021-22

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1121/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2021-22) Loveen Babu Vuppala Vs. Income Tax Officer Secunderabad Ward-9(1) [Pan : Alppv1796E] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms.Aluru V Sai Sudha, Ar रधजस् व द्वधरध/Revenue By:: Shri R.Kumaran, Dr सुिवधई की तधरीख/Date Of Hearing: 19/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.08.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], Kolkata, Pertaining To A.Y.2021-22 On The Following Grounds : 1. The Cit(A) Erred In Not Condoning The Delay & Not Admitting The Appeal 2. The Cit(A) Erred In Holding That There Was No Sufficient Cause For Condoning The Delay In Filing The Appeal

For Appellant: Ms.Aluru V Sai Sudha, ARFor Respondent: : Shri R.Kumaran, DR
Section 119(2)(b)Section 139(1)Section 143(1)Section 154Section 234A

learned Commissioner of Income Tax (Appeals) [Ld.CIT(A)], Kolkata, pertaining to A.Y.2021-22 on the following grounds : 1. The CIT(A) erred in not condoning the delay and not admitting the appeal 2. The CIT(A) erred in holding that there was no sufficient cause for condoning the delay in filing ... erred in going beyond the scope of his authority u/s 119(2)(b) in not considering of application for condonation of delay in filing the appeal 4. CIT(A) erred in upholding the intimation and denial of foreign tax credit by CPC 5. The order