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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

Sanjay Balvantlal Khatri, Ahmedabad vs. The ITO, Ward-7(2)(2), Ahmedabad

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

ITA 988/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad05 Sept 2024AY 2012-13

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 988/Ahd/2024 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2012-13) िनधा"रण वष" िनधा"रण वष" Sanjay Balvantlal Khatri The Ito बनाम बनाम/ बनाम बनाम 962, Pedhivalo Khancho, Ward-7(2)(2), Ahmedabad Vs. Jahapanah Ni Pole, Kalupur, Ahmedabad, Gujarat, 380001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Amapk6283D (Appellant) .. (Respondent) Shri M. K. Patel, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Rohit Aasudani, Sr. Dr Date Of Hearing 02/09/2024 Date Of Pronouncement 05/09/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The Addl./Jcit(A)-9, Mumbai, (In Short ‘The Jcit(A)’), Dated 27.03.2024 For The Assessment Year 2012-13. 2. The Assessee Has Taken Following Grounds In This Appeal:

For Respondent: Shri Rohit Aasudani, Sr. DR
Section 144Section 147

Assessment Year 2012-13. 2. The assessee has taken following grounds in this appeal: Rejection of Appellant's request for condonation of delay in filing of “I. Appeal 1. The ld. JCIT (Appeals) has grievously erred in rejecting the appellant's application requesting condonation of genuine, bonafide and non-deliberate ... observing that the limitation harshly affects the rights of a party and that a pedantic approach must not be adopted while condoning the delay in filing of appeal and explanation of each day's delay should not be taken literally, proceeded to reject the appellant's application. 2. The appellant

Bharat Keshavlal Shah, Pune vs. Dy. CIT Circle 5, Pune

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

ITA 799/PUN/2024[2014-15]Status: DisposedITAT Pune05 Sept 2024AY 2014-15

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.799/Pun/2024 िनधा"रण वष" / Assessment Year: 2014-15 Bharat Keshavlal Shah, Vs. Dcit, Circle-5, Pune. 27, Bharat Pushpa, Sujay Garden, Mukundnagar, Pune- 411037. Pan : Adxps3821M Appellant Respondent Assessee By : Shri Nikhil S. Pathak Revenue By : Shri Rakesh Jha Date Of Hearing : 24.07.2024 Date Of Pronouncement : 05.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Assessee Requests For Condonation Of Delay Of 62 Days In Filing The Appeal Since There Was A Reasonable Cause On The Part Of The Assessee In Not Filing The Appeal Within The Prescribed Time Limit. 2. The Learned Cit(A) Erred In Dismissing The Appeal Of The Assessee For Want Of Prosecution On The Ground That The Assessee Had Not Filed Any Submissions & Hence Was Not Interested In Pursuing The Appeal.

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Rakesh Jha
Section 143(3)Section 263Section 36(1)(iii)Section 56(2)(vii)

/NFAC for the assessment year 2014-15. 2. The appellant has raised the following grounds of appeal :- “1. The assessee requests for condonation of delay of 62 days in filing the appeal since there was a reasonable cause on the part of the assessee in not filing the appeal within ... appeal” 3. There is a delay of 62 days in filing of this appeal. The assessee has filed an application praying for condonation of delay along with affidavit, mentioning the reasons which caused the delay in filing of this appeal. The ld. DR raised no serious objection to the prayer

Sujatabai Shesherao Bansode, Latur vs. ITO, Ward 4, Latur

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

ITA 950/PUN/2024[2013-14]Status: DisposedITAT Pune04 Sept 2024AY 2013-14

Bench: Shri G. D. Padmahshali & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.950/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14 Sujatabai Shesherao Vs. Ito, Ward-4, Latur. Bansode, Bhim Nagar Atp & Tq Ahmedpur, Latur- 413515. Pan : Aplpb6172Q Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Umesh Phade Date Of Hearing : 01.08.2024 Date Of Pronouncement : 04.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.03.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Appellant Raised The Following Grounds Of Appeal :- “1] On The Facts & In The Circumstances The Learned Cit(A) Nfac Erred In Law & On Facts In Not Condoning The Delay In Filing Appeal On The Ground That The Reasons For Delay Are Not Found To Be Satisfactory. 2] The Learned Cit(A) Has & On Facts In Not Appreciating That The Reasons For Delay Were Beyond The Control Of The Appellant & Were Genuine For Which The Delay Ought To Have Be Condoned & Appeal Ought To Have Decided On Merits.

For Appellant: Smt. Deepa KhareFor Respondent: Shri Umesh Phade
Section 10(37)Section 139(1)Section 139(4)Section 144Section 147Section 234ASection 250(6)Section 28Section 56(2)(viii)Section 96

appeal :- “1] On the facts and in the circumstances The Learned CIT(A) NFAC erred in law and on facts in not condoning the delay in filing appeal on the ground that the reasons for delay are not found to be satisfactory. 2] The learned ... preferred first appeal before the ld. CIT(A)/NFAC 3 belatedly and the same was dismissed by the ld. CIT(A)/NFAC without condoning the delay. It is this first appeal order against which the assessee is in appeal before this Tribunal. 4. We have heard learned counsels from both

Sri Laxminarsimha Swamy Temple, Nalgonda vs. Income Tax Officer, Exemption Ward 1(2), Hyderabad

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

ITA 738/HYD/2024[2020-21]Status: HeardITAT Hyderabad04 Sept 2024AY 2020-21

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No.738/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Sri Laxmi Narsimha Vs. Income Tax Officer Temple Nalgonda (Exemption) Ward 1(2) Pan:Aahas4698G Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate T Chaitanya Kumar राज" व "ारा/Revenue By:: Shri S.P.G. Mudaliar, Dr सुनवाई की तारीख/Date Of Hearing: 04/09/2024 घोषणा की तारीख/Pronouncement: 04/09/2024 आदेश/Order

For Appellant: Advocate T Chaitanya KumarFor Respondent: : Shri S.P.G. Mudaliar, DR
Section 11Section 11(2)Section 11(5)Section 143(3)

investment u/s 11(5) of the Act. The learned Counsel for the assessee submitted that the appellant has also filed a petition for condonation of delay in filing Form 10 before the Pr. Commissioner of Income Tax (Exemption) New Delhi on 27/06/2024 and said petition is pending for disposal. Therefore ... aside to the file of the Assessing Officer and to decide issue after disposal of petition filed by the assessee for condonation of delay. 6. The learned DR, on the other hand, referring to the application filed by the assessee submitted that the appellant itself has admitted income of Rs.47

Paharpur Cooling Towers Limited., Kolkata vs. ACIT, CC-2(1), Kolkata

In the result, the appeal of the assessee stands dismissed

ITA 408/KOL/2023[2013-14]Status: DisposedITAT Kolkata04 Sept 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.408/Kol/2023 Assessment Year: 2013-14 Paharpur Cooling Towers Ltd………...........………………....Appellant 8/1/B, Diamond Harbour Road, Kolkata – 700027. [Pan: Aabcp8017C] Vs. Acit, Central Circle-2(1), Kolkata.…….…............................…..…..... Respondent Appearances By: Shri Nitesh Agarwal, Ar, Appeared On Behalf Of The Assessee. Shri Sailen Samaddar, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : June 06, 2024 Date Of Pronouncing The Order : September 04, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 23.02.2023 Of The Commissioner Of Income Tax (Appeals)- 20, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Appeal Is Time Barred By Two Days. A Separate Application For Condonation Of Delay Has Been Filed. Considering The Shortness Of Delay, The Delay In Filing The Appeal Is Hereby Condoned.

Section 115JSection 143Section 143(1)Section 143(3)Section 154Section 244ASection 244A(1)Section 250

Income Tax Act (hereinafter referred to as the ‘Act’). 2. The appeal is time barred by two days. A separate application for condonation of delay has been filed. Considering the shortness of delay, the delay in filing the appeal is hereby condoned. 3. Though the assessee in this appeal