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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

Anilkumar Dwarkaprasad Modani, Ahmedabad vs. The Dy. CIT, Circle-2(1)(1)(Previously Dy.CIT, Circle-3(1)), Vadodara

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

ITA 1572/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad21 Nov 2024AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1572/Ahd/2024 िनधा"रण वष" /Assessment Year : 2013-14 Anilkumar Dwarkaprasad Modani The Dy.Cit बनाम/ A-17, Videocon Housing Colony Circle-2(1)(1) V/S. Chavaj, Bharuch 392 002 Vadodara (Gujarat) "थायी लेखा सं./Pan:Acnpm 0273 C अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri Hemant Suthar, Ar Revenue By : Shri Surendra Kumar, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/11/2024 घोषणा की तारीख /Date Of Pronouncement: 21/11/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 26/12/2023 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] For The Assessment Year (Ay) 2013-14, In Which The Addition Made By The Assessing Officer [Hereinafter Referred To As “Ao)”] Under Section 50C Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] Was Confirmed Vide Assessment Order Dated 28/03/2016. Facts Of The Case: 2. The Assessee, An Individual Earning Income From Salaries, Trading In Shares & Securities, Capital Gains & Other Sources, Filed His Return Of Anilkumar Dwarkaprasad Modani Vs. The Dcit Asst. Year : 2013-14

For Appellant: Shri Hemant Suthar, ARFor Respondent: Shri Surendra Kumar, Sr.DR
Section 143(2)Section 143(3)Section 50CSection 50C(2)

Asst. Year : 2013-14 5.1. The appeal was filed with a delay of 191 days, and the assessee has filed an application for condonation of delay. Condonation of Delay 6. The assessee has explained that upon receipt of the CIT(A)’s order on 26.12.2023, he forwarded ... immediate steps were taken to file it on 02.09.2024, resulting in a delay of 191 days. The assessee has supported his application for condonation of delay with an affidavit from his Chartered Accountant, explaining the reasons for the delay and affirming that it was unintentional and due to an oversight

Valjibhai Arjanbhai Vegad, Bhavnagar vs. The Income Tax Officer, Ward-1(9), Bhavnagar

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

ITA 1063/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad21 Nov 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1063/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Valjibhai Arjanbhai Vegad The Income Tax Officer बनाम/ Rajput Street Ward-1(9) V/S. Nawangam Ga Bhavnagar- 364 002 Tal : Vallabhipur Bhavnagar – 364 313 (Gujarat) "थायी लेखा सं./Pan: Aykpv 0860 F अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri Mohit Balani, Ar Revenue By : Shri Surendra Kumar, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/11/2024 घोषणा की तारीख /Date Of Pronouncement: 21/11/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Mohit Balani, ARFor Respondent: Shri Surendra Kumar, Sr.DR
Section 115BSection 144Section 234ASection 271ASection 69A

time, on or before the hearing of appeal. 5. The assessee filed an appeal before us along with an application for condonation of delay of 244 days. The Authorized Representative (AR) explained the reasons for the delay, supported by an affidavit from the assessee. The AR submitted that the assessee ... despite his best efforts. Valjibhai Arjanbhai Vegad vs. ITO Asst. Year : 2017-18 6. The Departmental Representative (DR) did not object to the condonation of delay, considering the genuine difficulties faced by the assessee as explained in the affidavit. The DR expressed no objection to allowing the assessee a fresh

M/S U.P Hindi Sansthan, Lucknow vs. Commissioner of Income Tax -(Exemption), Lucknow

In the result, both appeals are partly allowed for statistical purposes

ITA 727/LKW/2019[2016-17]Status: DisposedITAT Lucknow20 Nov 2024AY 2016-17

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2016-17 M/S. U.P. Hindi Sansthan. Commissioner Of Income V. 6, Hindi Sansthan, Mg Road, Tax (Exemptions) Hazratganj, Lucknow-226001. T.C. 46V, 5Th Floor, Upsidc Ltd, Vibhuti Khand, Gomti Nagar, Lucknow-226010. Pan:Aaaau1297Q (Appellant) (Respondent) Assessment Year: 2016-17 Dy. Commissioner Of Income V. M/S. U.P. Hindi Sansthan. Tax (Exemptions) 6, Hindi Sansthan, Mg T.C. 46V, 5Th Floor, Upsidc Ltd, Road, Hazratganj, Lucknow- Vibhuti Khand, Gomti Nagar, 226001. Lucknow-226010. Pan:Aaaju0103A (Appellant) (Respondent) Appellant By: Shri Hariom Rastogi, C.A. Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 12 11 2024 Date Of Pronouncement: 20 11 2024 O R D E R

For Appellant: Shri Hariom Rastogi, C.AFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 11Section 11(2)Section 12ASection 254(3)

years has already been lapsed and the CIT(E), Lucknow had already rejected vide order dated 12.12.2018 the application of the assessee for condonation of delay for filing of form no. 10. 3. The order of Ld. CIT(A) be cancelled and the order of the AO be restored ... under: - “1. That the Ld. CIT(Exemptions), Lucknow, has erred in law and on facts of the case in rejecting the application for condonation of delay in filing Form No. ‘10’ relating to accumulation of fund, without specifying any cogent reason. 2. That the Ld. CIT(Exemptions), Lucknow has erred

Deputy Commissioner of Income Tax -(Exemption), Lucknow vs. M/S U.P Hindi Sansthan, Lucknow

In the result, both appeals are partly allowed for statistical purposes

ITA 198/LKW/2019[2016-17]Status: DisposedITAT Lucknow20 Nov 2024AY 2016-17

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2016-17 M/S. U.P. Hindi Sansthan. Commissioner Of Income V. 6, Hindi Sansthan, Mg Road, Tax (Exemptions) Hazratganj, Lucknow-226001. T.C. 46V, 5Th Floor, Upsidc Ltd, Vibhuti Khand, Gomti Nagar, Lucknow-226010. Pan:Aaaau1297Q (Appellant) (Respondent) Assessment Year: 2016-17 Dy. Commissioner Of Income V. M/S. U.P. Hindi Sansthan. Tax (Exemptions) 6, Hindi Sansthan, Mg T.C. 46V, 5Th Floor, Upsidc Ltd, Road, Hazratganj, Lucknow- Vibhuti Khand, Gomti Nagar, 226001. Lucknow-226010. Pan:Aaaju0103A (Appellant) (Respondent) Appellant By: Shri Hariom Rastogi, C.A. Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 12 11 2024 Date Of Pronouncement: 20 11 2024 O R D E R

For Appellant: Shri Hariom Rastogi, C.AFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 11Section 11(2)Section 12ASection 254(3)

years has already been lapsed and the CIT(E), Lucknow had already rejected vide order dated 12.12.2018 the application of the assessee for condonation of delay for filing of form no. 10. 3. The order of Ld. CIT(A) be cancelled and the order of the AO be restored ... under: - “1. That the Ld. CIT(Exemptions), Lucknow, has erred in law and on facts of the case in rejecting the application for condonation of delay in filing Form No. ‘10’ relating to accumulation of fund, without specifying any cogent reason. 2. That the Ld. CIT(Exemptions), Lucknow has erred