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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

Govindaraj Saravanan Manikandan, Chennai vs. ITO, Ncw 8(1), Chennai

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

ITA 2020/CHNY/2024[2022-23]Status: DisposedITAT Chennai19 Aug 2024AY 2022-23

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपीलसं./Ita No.: 2020/Chny/2024 िनधा"रणवष" / Assessment Year: 2022-23 Govindaraj Saravanan Manikandan, Income Tax Officer, Kasi Flats 5Th C Block, 8Th Street, V. Non Corporate Ward -8(1), Annai Sathya Nagar, Ramapuram, Chennai. Chennai -600 089. [Pan: Dacpm-7270-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. N. Arjun Raj, Advocate : Shri. R. Clement Ramesh Kumar, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तार"ख/Date Of Hearing : 19.08.2024 घोषणा क" तार"ख/Date Of Pronouncement : 19.08.2024 आदेश /O R D E R Per S. R. Raghunatha: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 16.07.2024 & Pertains To Assessment Year 2022-23. 2. The Main Ground Involved In This Appeal Is As Regards To The Nfac Dismissing The Appeal Solely On The Grounds Of A Delay In Filing The Appeal Before Nfac.

For Appellant: Shri. N. Arjun Raj, Advocate
Section 115BSection 142(1)Section 143(3)Section 69A

delay in filing of appeal held that there is no reasonable cause for filing appeal with 55 days delay and hence, declined the condonation of delay in filing of appeal and dismissed the appeal of the assessee. Aggrieved by the order of the ld.CIT(A), the assessee is in appeal ... supported by any documentary evidence but going through the smallness of delay of 55 days and the reason stated, we are inclined to condone the delay before the CIT(A)-NFAC. In term of the above, the order of the CIT(A)-NFAC is set aside and matter remanded back

Luv Procon Private Limited, Ahmedabad vs. The ITO, Ward-2(1)(1), Ahmedabad

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

ITA 315/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad14 Aug 2024AY 2013-14

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 315/Ahd/2024 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2013-14) िनधा"रण वष" िनधा"रण वष" बनाम बनाम/ बनाम बनाम Luv Procon Private Ito Limited Ward 2(1)(1), Ahmedabad Vs. Times Square Arcade, Opp. Rambaug, Nr. Ravija Plaza, Thaltej-Shilaj Road, Ahmedabad, Gujarat, 380059 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccl1740P (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Mehul K. Patel, Advocate ""यथ" क" ओर से/Respondent By : Shri Ravindra, Sr. Dr Date Of Hearing 08/08/2024 Date Of Pronouncement 14/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 31.10.2023 For The Assessment Year 2015-16. 2. There Was A Delay Of 53 Days In Filing Of This Appeal. The Assessee Has Filed An Affidavit Explaining The Reason For Delay. It Was Submitted That The Appeal Order Passed By Nfac Was Sent On The Email Id Luvprocon12@Gmail.Com, Which Was Not Accessed & Checked For A Long Time For The Reason That The Office Was

For Appellant: Shri Mehul K. Patel, AdvocateFor Respondent: Shri Ravindra, Sr. DR
Section 147

further submitted that the order was not uploaded on the Portal. The Ld. Sr. DR also has not raised any objection to the condonation of delay. Considering the reason as explained by the assessee, the delay is condoned. 3. The brief facts of the case are that the return ... submitted that in the interest of justice, the matter may be remanded to the Ld. CIT(A) with a direction to condone the delay in filing of the appeal and also to decide the matter on the merits of the case. 7. The Ld. Sr. DR did not express

Narra Ganga Devi, Vijayawada vs. Income Tax Officer, Ward-2(3), Vijayawada

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

ITA 243/VIZ/2024[2012-13]Status: DisposedITAT Visakhapatnam14 Aug 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble(Through Hybrid Hearing) आयकर अपील सं./ I.T.A. No. 243/Viz/2024 (िनधा"रण वष" / Assessment Year: 2012-13) Narra Ganga Devi, Vs. Income Tax Officer,] Vijayawada. Ward-2(3), Pan: Anwpn8051F Vijayawada. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. Sandhya Samudrala, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 08/08/2024 घोषणा क" तारीख/Date Of : 14/08/2024 Pronouncement O R D E R

For Appellant: Ms. Sandhya Samudrala, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144Section 148

days in filing this appeal before the Tribunal. With respect to belated filing of the appeal, the assessee filed petition for condonation of delay along with the affidavit and the relevant paras of the affidavit is extracted herein below for reference: “……. ……. Aggrieved with the order of assessment, she filed ... benefit by resorting to delay in filing the appeal. In view of the above, the appellant prays the Hon’ble ITAT to kindly condone the delay, admit the appeal and pass appropriate orders granting relief as prayed for.” 3. On perusal of the explanation given by the assessee with respect

The Farmers Service Co-Operative Limited, Srikakulam vs. Income-Tax Officer, Ward-1, Srikakulam

In the result, appeal of the Revenue is dismissed

ITA 166/VIZ/2024[2018-19]Status: DisposedITAT Visakhapatnam14 Aug 2024AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.166/Viz/2024 (िनधा"रण वष" / Assessment Year: 2018-19) The Farmers Service Co-Operative Vs. Income Tax Officer, Limited, Ward-1, Srikakulam. Srikakulam. Pan: Aabtt4377L (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri I. Kama Sastry, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 24/06/2024 घोषणा क" तारीख/Date Of : 14/08/2024 Pronouncement O R D E R

For Appellant: Sri I. Kama Sastry, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 80PSection 80P(2)

days in filing this appeal before the Tribunal. With respect to belated filing of the appeal, the assessee filed petition for condonation of delay along with the affidavit and the relevant paras of the affidavit is extracted herein below for reference: “1……. 2…….. 3. The in the computation sheet accompanying ... find that the assessee was prevented by a reasonable and sufficient cause to file the appeal within the stipulated time. Therefore, I hereby condone the delay of 122 days in filing the appeal of the assessee before the Tribunal and proceed to adjudicate the appeal on merits. 4. Briefly stated

Sivanandaguru Educational and Cultural Trust, Jaggayyapet Mandal vs. The Income Tax Officer, Exemption Ward, Rajahmundry

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 165/VIZ/2024[2018-19]Status: HeardITAT Visakhapatnam14 Aug 2024AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No. 165/Viz/2024 (िनधा"रण वष" / Assessment Year : 2018-19) Sivanandaguru Educational & Vs. The Income Tax Officer, Cultural Trust, Exemption Ward, D.No. 43-2, Balusupadu Village, Rajahmundry. Jaggayyapet Mandal, Krishna District, Andhra Pradesh – 52115. Pan: Aadts4140A (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri Gvn Hari, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 25/06/2024 घोषणा क" तारीख/Date Of : 14/08/2024 Pronouncement O R D E R

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 11Section 12ASection 143(1)Section 249(2)Section 3Section 5

Supreme Court due to COVID. 3. On appeal, before the Ld. CIT(A)-NFAC the assessee filed a petition for condonation of delay vide letter dated 15/11/2022 wherein the assessee has elaborately explained the reasons that prevented the assessee to file the appeal with a delay of 113 days before ... NFAC and sought for condonation of delay. However, the Ld. CIT(A)-NFAC observed that the intimation U/s. 3 143(1) of the Act was passed on 30/12/2020 whereas the appeal was filed on 19/09/2022 which is beyond the statutory time limit provided for filing the appeal. Therefore