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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

Real Cargo Mumbai, Arvalli vs. The ITO, Ward-1, Modasa

In the result, the appeal of the assessee in ITA No

ITA 268/AHD/2024[2010-11]Status: DisposedITAT Ahmedabad30 Aug 2024AY 2010-11

Bench: Income-Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad. This Appeal In Ita No.268/Ahd/2024 For Assessment Year 2010-11, Is Filed By The Assessee Before Income Tax Appellate Tribunal, Ahmedabad Division Bench, Ahmedabad Has Arisen From The Appellate Order Dated 25.09.2023 Passed By Ld. Commissioner Of Income-Tax(Appeals), Nfac, Delhi U/S. 250 Of The Income- Tax Act,1961 , Vide Din & Order No. Itba/Nfac/S/250/2023- 24/1056508501(1), Which Has In Turn Arisen From The Assessment Order Dated 18.12.2018 Passed By The Assessing Officer U/S. 143(3) Read With Section 254 Of The Income-Tax Act 1961. 2. The Grounds Of Appeal Raised By The Assessee In Memo Of Appeal Filed With The Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad , Reads As Under:-

For Appellant: Shri S.N.Divatia ,Advocate & ShriFor Respondent: Shri Akhilendra Pratap Yadav,CIT-DR
Section 143(3)Section 189(1)Section 250Section 253(3)Section 254Section 40

Counsel Shri S. N Divatia, drew our attention to the application for condonation filed by the assessee, praying for condonation of delay in filing this appeal belatedly with ITAT by the assessee beyond the time prescribed u/s 253(3) of the 1961 Act by 83 days. In the application filed ... assessee for condoning the delay, it is averred that the appellate order dated 25.09.2023 passed by ld. CIT(A) was e-communicated to the assessee on 25.09.2023 4 I.T.A No.268/Ahd/2024 A.Y. 2010-11 Page No. Real Cargo Mumbai , but the same was downloaded by the assessee from the IT Portal

Torrent Solargen Limited, Ahmedabad vs. The Dy.CIT, Circle-4(1)(2), Ahmedabad

In the result, appeal preferred by the assessee is allowed

ITA 90/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad30 Aug 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 90/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2016-17) िनधा"रण वष" िनधा"रण वष" Torrent Solargen Limited Dcit बनाम बनाम/ बनाम बनाम “Samanvay”, 600, Circle- 4(1)(2), Vs. Tapovan, Amabawadi, Ahmedabad Ahmedabad, Gujarat, 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadct0483G (Appellant) .. (Respondent) Shri Vartik Chokshi, Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Prasad Rao Waghe Annasaheb, Sr. Dr 27/08/2024 Date Of Hearing Date Of Pronouncement 30/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee (Tsl) Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 08.09.2022 For The Assessment Year 2016- 17. 2. There Was A Delay Of 95 Days In Filing Of This Appeal. The Assessee Has Filed An Affidavit Explaining The Reason For Delay. It

For Respondent: Shri Prasad Rao Waghe Annasaheb
Section 154Section 244A

affidavit of Shri Saurav Mashruwala has also been filed in this regard. The Revenue also did not have any objection to the condonation of delay. Considering the reason as explained by the assessee, the delay in filing of the appeal is condoned. 3. The only ground taken by the assessee

Aagaz Samajik Vikas Sanstha, Jaipur vs. The CIT Exemption, Jaipur

In the result, appeal of the assessee is dismissed

ITA 810/JPR/2023[NA]Status: DisposedITAT Jaipur30 Aug 2024

Bench: Dr.S.Seethalakshmi & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.809 & 810/Jpr/2023 िनधा"रण वष" / Assessment Year(S) : - Aagaz Samajik Vikas The Commissioner Of Sanstha, V Income Tax, 45A/69, Near Office Lane, S Exemption, Jaipur. Behind Rainbow Jewellers, Jagdish Colony, Ramgarh Mode, Jaipur – 302002. Pan: Aaeaa5124E Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri Ajey Malik – Cit(Dr) Date Of Hearing 22/07/2024 Date Of Pronouncement 30/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against Two Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Jaipur Both Dated 25.02.2023. The Assessee In Ita No.809/Jpr/2023 Has Raised The Following Ground Of Appeal :

Section 12ASection 80G

ld.Departmental Representative(ld.DR) for the Revenue submitted as under : Aagaz Samajik Vikas Sanstha [A] 02. Further assessee has also filed application for condonation of delay wherein assessee has not submitted supporting documents of his plea of being abroad supported by copy of the relevant pages of the passport ... does not need any adjudication, hence dismissed. Aagaz Samajik Vikas Sanstha [A] 5. In the result, appeal of the assessee is dismissed. Condonation of Delay : 6. The Assessee’s appeal before ITAT is delayed by 241 days. Assessee has filed condonation of delay application. It is claimed in the condonation

Aagaz Samajik Vikas Sanstha, Jaipur vs. The CIT Exemption, Jaipur

In the result, appeal of the assessee is dismissed

ITA 809/JPR/2023[NA]Status: DisposedITAT Jaipur30 Aug 2024

Bench: Dr.S.Seethalakshmi & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.809 & 810/Jpr/2023 िनधा"रण वष" / Assessment Year(S) : - Aagaz Samajik Vikas The Commissioner Of Sanstha, V Income Tax, 45A/69, Near Office Lane, S Exemption, Jaipur. Behind Rainbow Jewellers, Jagdish Colony, Ramgarh Mode, Jaipur – 302002. Pan: Aaeaa5124E Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri Ajey Malik – Cit(Dr) Date Of Hearing 22/07/2024 Date Of Pronouncement 30/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against Two Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Jaipur Both Dated 25.02.2023. The Assessee In Ita No.809/Jpr/2023 Has Raised The Following Ground Of Appeal :

Section 12ASection 80G

ld.Departmental Representative(ld.DR) for the Revenue submitted as under : Aagaz Samajik Vikas Sanstha [A] 02. Further assessee has also filed application for condonation of delay wherein assessee has not submitted supporting documents of his plea of being abroad supported by copy of the relevant pages of the passport ... does not need any adjudication, hence dismissed. Aagaz Samajik Vikas Sanstha [A] 5. In the result, appeal of the assessee is dismissed. Condonation of Delay : 6. The Assessee’s appeal before ITAT is delayed by 241 days. Assessee has filed condonation of delay application. It is claimed in the condonation