← 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

M/S Benara Bearing Pvt.Ltd, Agra vs. DCIT-CC-1, Kanpur

In the result, the appeal of the assessee is partly allowed

ITA 333/LKW/2024[B.P.1996-97 to 2002-03]Status: DisposedITAT Lucknow25 Oct 2024

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. : B.P. 1996-97 To 2002-03 M/S Benara Bearings Pvt. Ltd., Deputy Commissioner Of Income- 44/347, Bharatpur Road, Vs. Tax, Central Circle-1, Kanpur Bodla, Agra-282007 U.P. Pan:Aabcb5525F (Appellant) (Respondent) Assessee By: Sh. Ashish Jaiswal, Advcoate Revenue By: Sh. Gayasuddin, Cit Dr Date Of Hearing: 05.09.2024 Date Of Pronouncement: 25.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Against The Order Of The Ld. Cit(A), Nfac, Passed Under Section 250 Of The Income Tax Act, 1961 On 21.09.2023. The Grounds Of Appeal Preferred Are As Under:-

For Appellant: Sh. Ashish Jaiswal, AdvcoateFor Respondent: Sh. Gayasuddin, CIT DR
Section 132Section 143(2)Section 158BSection 245CSection 250Section 263

this appeal before us. At the very outset, it is observed that this appeal too is delayed by 177 days. An application for condonation of delay was filed accompanied by an affidavit in which it was submitted that the order of the ld. CIT(A) was passed by the NFAC ... appeal and the facts brought on record by the assessee should have been objectively considered by the ld. CIT(A) before refusing to condone the delay. In considering how applications for condonation of delay should be handled, the Hon’ble Supreme Court in the case of Collector Land Acquisition, Anantnag

Aadi Real Estate Developers Private Limited, Ahmedabad vs. The ITO, Ward-1(1)(1), Ahmedabad

The appeal of the assessee is allowed for statistical purposes

ITA 928/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad25 Oct 2024AY 2012-13

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2012-13 Aadi Real Estate Developers Vs. Income Tax Officer, Private Limited, Ward 1(1)(1), 402, Sheel Complex, Mayur Ahmedabad Colony, Mithakhali, Navrangpura, Ahmedabad-380009 Pan : Aajca 1796 R अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Deepak Shah, Ar Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 16.10.2024 घोषणा क" तारीख /Date Of Pronouncement: 25.10.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 25.05.2022 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2012-13. 2. The Brief Facts Relating To The Case Are That The Assessee Is A Private Limited Company & Had Filed ‘Nil’ Return Of Income For The Impugned Assessment Year, I.E. Ay 2012-13. Subsequently, On Information Received From Ddit (Inv.), Unit-1 (3), Ahmedabad, By The Assessing Officer That The Assessee Was A Beneficiary Of Accommodation Entry Taken Through Dummy Companies Run & Controlled By One Jignesh Shah, Which Information Was Revealed Consequent To Search Action Conducted On Jignesh Shah, The Case Of The Aadi Real Estate Developers Pvt Ltd Vs. Ito Ay : 2012-13 2

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 147Section 250Section 68

appeal before us by 485 days. The contents of the same are reproduced hereunder:- “Subject Application for Condonation of Delay in filing the aforesaid appeal before the ITAT, I,Vishal Mukeshkumar Shah, director of the applicant, do solemnly affirm on oath that whatever is stated in the below paras ... professional, and therefore, the explanation of the assessee for the delay cannot be accepted, and therefore he pleaded that the application for condonation of delay in filing the appeal needs to be rejected and the appeal of the assessee be dismissed as non-maintainable. 12. To this, the ld. Counsel

Navroz Munshi, Vadodara vs. National Faceless Assessment Centre Present Jurisdiction the ITO Ward-1(2)(2), Vadodara

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

ITA 1110/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad25 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1110/Ahd/2023 िनधा"रण वष" /Assessment Year : 2017-18 Navroz Munshi National Faceless Assessment बनाम A-301, Green Emerald Centre Present / B/H. Utopian Corner Jurisdiction The Ito V/S. New Alkapuri Ward-1(2)(3) Vadodara – 390 023 Vadodara – 390 007 (Gujarat) "थायी लेखा सं./Pan: Aojpm 8149 K अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Rushin Patel, Ar Revenue By : Shri Veerbadram Vislavath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/10/2024 घोषणा की तारीख /Date Of Pronouncement: 25/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Rushin Patel, ARFor Respondent: Shri Veerbadram Vislavath, Sr.DR
Section 115BSection 142(1)Section 144Section 250Section 271ASection 69A

appeal before the CIT(A). The assessee, while filing the appeal, faced a delay of 548 days, for which a request for condonation of delay was made, citing reasons such as non- receipt of the assessment order, COVID-19 disruptions, and difficulty in gathering documents. However ... difficulties in procuring necessary documents. These reasons constitute sufficient cause under Section 249(3) of the Act, and the CIT(A) should have condoned the delay. Considering the circumstances, the Departmental Representative (DR) has not raised any objection in condoning the delay. 9. The discrepancies in the AO’s assessment

ITO Ward 1, Sangli vs. Balu Musa Dange, Sangli

In the result, appeal of the Revenue is allowed for statistical purpose

ITA 930/PUN/2024[2017-18]Status: DisposedITAT Pune25 Oct 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.930/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 The Income Tax Officer, V Balu Musa Dange, Ward-I, Sangli. S I Dsp Office Vishrambag, Sangli. Maharashtra – 416415. Pan: Ancpd1861F Appellant/ Revenue Respondent /Assessee Assessee By None. Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 10/10/2024 Date Of Pronouncement 25/10/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Dated 07.03.2024 Under Section 250 Of The Income Tax Act 1961. The Revenue Has Raised The Following Grounds Of Appeal : “(I) Whether The Ld.Cit(A) Is Justified In Holding That If The Similar Addition Is Made In The Case Of Assessee’S Wife, The Addition In Case Of Assessee Shall Become Protective. (Ii) Whether The Ld.Cit(A) Is Justified In Deciding The Issue On The Basis Of Statement Of Fact, As The Assessee Did Neither Attend Before The Ao Nor Before The Cit(A).

Section 142(1)Section 144Section 148Section 250Section 251Section 251(1)

Aggrieved by the same, assessee filed an appeal before the ld.CIT(A) which was delayed by 153 days. 3.2 The ld.CIT(A) condoned the delay, though no separate petition for condonation of delay filed by the assessee. The ld.CIT(A) issued notices to the assessee. However, assessee failed to comply