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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

Nirman Homes, Pune vs. DDIT, CPC, Bengaluru

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2092/PUN/2024[2022-23]Status: DisposedITAT Pune30 Jan 2026AY 2022-23

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2092/Pun/2024 िनधा"रण वष" / Assessment Year : 2022-23 Nirman Homes, Vs. Dcit, Cpc, Bengaluru. 205, Citi Center, Karve Road, Avurved Rasshala, Pune- 411004. Pan : Aaaan5785E Appellant Respondent Assessee By : Shri Suhas Bora Shri Sampada Ingale Revenue By : Smt. Neha Thakur (Virtual) Date Of Hearing : 21.01.2026 Date Of Pronouncement : 30.01.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.09.2024 Passed By Ld. Cit(A), Pune-11 [‘Ld. Cit(A)’] For The Assessment Year 2022-23. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Partnership Firm & Has Furnished Its Return Of Income Declaring An Income Of Rs.1,61,25,210/- After Claiming Deduction Of Rs.53,54,700/- U/S 80Ib Of The It Act. The Return Was Processed U/S 143(1) Of The It Act & Deduction U/S 80Ib Of The It Act Was Disallowed Since

For Appellant: Shri Suhas BoraFor Respondent: Smt. Neha Thakur (Virtual)
Section 119(2)(b)Section 143(1)Section 80I

which above claim u/s 80IB was disallowed by CPC. We further find that the assessee has moved an application before CBDT praying for condonation of delay in filing Form 10CCB. The above application filed by the assessee was accepted by CBDT and vide order dated 3 07.01.2026 the delay ... perusal of CBDT order dated 07.01.2026 passed u/s 119(2)(b) of the IT Act it is apparent that the CBDT has condoned the delay in filing of Form 10CCB of the IT Act subject to verification of claims made by the assessee in Form 10CCB by the Jurisdictional Assessing

Laxmikant Nandkishor Toshniwal, Latur vs. ITO, Ward-1, Latur

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

ITA 1853/PUN/2024[2016-17]Status: DisposedITAT Pune30 Jan 2026AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1853/Pun/2024 िनधा"रण वष" / Assessment Year : 2016-17 Laxmikant Nandkishor Vs. Ito, Ward-1, Latur. Toshniwal, Nandkishor Toshniwal, Deva Niwas, Bhagya Nagar, Nandi Stop, Latur- 413512. Pan : Agppt1081M Appellant Respondent Assessee By : Shri Shubham N. Rathi (Virtual) Revenue By : Shri Amol Khairnar Date Of Hearing 05.01.2026 : Date Of Pronouncement 30.01.2026 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Non-Acceptance Of Condonation Of Delay 1.1 The Learned Commissioner Of Income Tax(Appeals) ["The Ld. Cit(A)] Has Erred In Not Condoning The Delay In Filing Of The Appeal Without Properly Considering The Cause For Delay.

For Appellant: Shri Shubham N. Rathi (Virtual)For Respondent: Shri Amol Khairnar
Section 142(1)Section 147Section 148Section 68

/NFAC for the assessment year 2016-17. 2. The appellant has raised the following grounds of appeal :- “1. NON-ACCEPTANCE OF CONDONATION OF DELAY 1.1 The Learned Commissioner of Income Tax(Appeals) ["the Ld. CIT(A)] has erred in not condoning the delay in filing of the appeal without properly ... this regard, we find that the assessee has raised various grounds, however his sole prayer is to direct Ld. CIT(A)/NFAC to condone the delay and decide the appeal on merits of the case. Ld. DR has not raised any objection to the above request of the assessee

Sa L and Company, Madurai vs. ITO, Non Crop Circle 1, Madurai

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

ITA 3126/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Jan 2026AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 3126/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 S A L & Company, The Income Tax Officer, No.4/798, Kurunchi Street, Vs. Non-Corporate Circle 1, Thasildar Nagar, Madurai Anna Nagar, Madurai – 625 020 Pan: Abmfs 7293N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Y. Sridhar, F.C.A ""यथ" क" ओर से/Respondent By : Shri N. Rajakumar, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 29.01.2026 घोषणा क" तारीख/Date Of Pronouncement : 30.01.2026

For Appellant: Shri Y. Sridhar, F.C.A ""For Respondent: Shri N. Rajakumar, Addl.CIT
Section 250

delay of 674 days in filing this appeal before the Tribunal. The assessee has filed an affidavit along with petition for condonation of delay stating therein the reasons for belated filing of this appeal. The reasons stated in the affidavit are that the managing partner of the assessee firm ... view that no latches can be attributed to the assessee as there is sufficient cause for belated filing of this appeal. Hence, we condone the delay and proceed to dispose off the appeal on merits. :- 3 -: 3. At the very outset, we notice that the order passed by the First