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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

Sudeshna Devi, Shamli vs. ITO, Ward-1(5), Shamli

In the result, appeal of the assessee is dismissed as withdrawn

ITA 1080/DEL/2018[2010-11]Status: DisposedITAT Delhi12 Dec 2024AY 2010-11

Bench: Shri Vikas Awasthyआअसं.1080/िद"ी/2018 (िन.व. 2010-11) Smt. Sudeshna Devi, C/O Prem Prakash, 183/2 North Civil Lines, Muzaffarnagar, Uttar Pradesh-251001 ...... अपीलाथ"/Appellant Pan: Gtmps-4972-N बनाम Vs. Income Tax Officer, ..... "ितवादी/Respondent Ward 1(5), Shamli, Uttar Pradesh अपीलाथ" "ारा/ Appellant By : Shri Gaurav Sachdeva, Chartered Accountant "ितवादी"ारा/Respondent By : Shri Rajesh Tiwari, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 12/12/2024 घोषणा क" ितिथ/ Date Of Pronouncement : : 12/12/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), Muzaffarnagar (Hereinafter Referred To As 'The Cit(A)') Dated 22.11.2017, For Assessment Year 2010-11. 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. 3. The Assessee Is Allowed To Withdraw The Appeal As Prayed For.

For Appellant: Shri Gaurav Sachdeva, Chartered AccountantFor Respondent: Shri Rajesh Tiwari, 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

Rajeshbhai Mohanbhai Prajapati, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(5), Ahmedabad

In the result, both appeals of the assessee are partly allowed for statistical purposes, subject to the levy of costs

ITA 1098/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad11 Dec 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1097/Ahd/2024 & 1098/Ahd/2024 िनधा"रण वष" /Assessment Years : 2016-17 & 2017-18 Respectively Rajeshbhai Mohanbhai Prajapati The Ito बनाम/ D-Ff 108 Pushp Business Ward-3(3)(5) V/S. Campus Ahmedabad Vastral Cross Roads Sp Ring Road, Vastral Ahmedabad – 382 445 (Gujarat) "थायी लेखा सं./Pan:Atspp 0059 P अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Jignesh Shah, Adv. Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 10/12/2024 घोषणा की तारीख /Date Of Pronouncement: 11/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Jignesh Shah, AdvFor Respondent: Shri V. Nandakumar, CIT-DR
Section 115BSection 142(1)Section 144Section 147Section 148Section 250Section 68

necessary documentation and additional evidence to support its case, demonstrating a sincere intention to pursue the appeal. The Departmental Representative (DR) opposed the condonation of delay, arguing that the assessee's behaviour reflects gross negligence and in difference and the assessee failed to act diligently, especially considering the magnitude ... Nos.1097 & 1098/Ahd/2024 Rajeshbhai Mohanbhai Prajapati vs. ITO Asst. Years : 2016-17 & 2017-18 and personal difficulties, as explained in the affidavit filed for condonation of delay. The AR argued that the failure to respond to notices issued by the AO and CIT(A) was unintentional and caused by genuine difficulties

Rajeshbhai Mohanbhai Prajapati, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(5), Ahmedabad

In the result, both appeals of the assessee are partly allowed for statistical purposes, subject to the levy of costs

ITA 1097/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad11 Dec 2024AY 2016-17

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1097/Ahd/2024 & 1098/Ahd/2024 िनधा"रण वष" /Assessment Years : 2016-17 & 2017-18 Respectively Rajeshbhai Mohanbhai Prajapati The Ito बनाम/ D-Ff 108 Pushp Business Ward-3(3)(5) V/S. Campus Ahmedabad Vastral Cross Roads Sp Ring Road, Vastral Ahmedabad – 382 445 (Gujarat) "थायी लेखा सं./Pan:Atspp 0059 P अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Jignesh Shah, Adv. Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 10/12/2024 घोषणा की तारीख /Date Of Pronouncement: 11/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Jignesh Shah, AdvFor Respondent: Shri V. Nandakumar, CIT-DR
Section 115BSection 142(1)Section 144Section 147Section 148Section 250Section 68

necessary documentation and additional evidence to support its case, demonstrating a sincere intention to pursue the appeal. The Departmental Representative (DR) opposed the condonation of delay, arguing that the assessee's behaviour reflects gross negligence and in difference and the assessee failed to act diligently, especially considering the magnitude ... Nos.1097 & 1098/Ahd/2024 Rajeshbhai Mohanbhai Prajapati vs. ITO Asst. Years : 2016-17 & 2017-18 and personal difficulties, as explained in the affidavit filed for condonation of delay. The AR argued that the failure to respond to notices issued by the AO and CIT(A) was unintentional and caused by genuine difficulties

Nishat Husseianli Vazir, Pune vs. ITO, Ward-7(1), Pune

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

ITA 604/PUN/2024[2012-13]Status: HeardITAT Pune10 Dec 2024AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.604/Pun/2024 िनधा"रण वष" / Assessment Year: 2012-13 Nishat Husseianli Vazir, Vs. Ito, Ward-7(1), Pune. 7 M.G. Road, 36, Wonderland Camp, Pune- 411001. Pan : Adapv3432C Appellant Respondent Assessee By Shri Kishor B. Phadke : Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 14.11.2024 Date Of Pronouncement : 10.12.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.07.2023 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A), Nfac Erred In Law & On Facts In Confirming The Total Income Of The Appellant At Rs. 2,06,83,929/- Instead Of Return Income Of Rs. 5,08,729/-. 2. The Appellant Contends That Unfortunately, The Appellant Failed To Check The Itba Portal & Learn About The Opportunities Of Hearing /Making Submission Before It Authorities & Neither Got Any Email Communication From The Office Of Learned Cit(A). Further, The Appellant Contends That Appellant Is Certainly Keen To Pursue The Matter On Merits & Facts.

For Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 68Section 69

purchase of immovable property.” 4. It is found that the instant appeal is filed with the delay of 194 days. The application for condonation of delay of 194 days in filing of this appeal has been filed online by the assessee. It was stated in the application that the assessee ... raise any serious objection to the request of the assessee. We are satisfied with the reasons mentioned in the application for condonation of delay and accordingly, the delay in filing of this appeal is condoned and the appeal is admitted for adjudication on merits of the case. 5. Facts