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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

Rajendra Kumar Tripathi, Delhi vs. ITO Ward 56(3) Delhi, Delhi

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

ITA 1674/DEL/2024[2019-20]Status: DisposedITAT Delhi14 Aug 2024AY 2019-20

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2019-20 Rajendra Kumar Tripathi Vs. Ito 341, Heritage Tower, Sawan Ward- 56 (3) Cghs Ltd. Plot No.1, Delhi Sector-3, Dwarka, Delhi-110078 Pan No.Abppt7714C (Appellant) (Respondent) Appellant By Sh. Dishant Sethi, Advocate Sh. Shyam Sunder, Advocate Respondent By Ms. Raja Rajeshwari, Sr. Dr. Date Of Hearing: 08/08/2024 Date Of Pronouncement: 14/08/2024 Order Per Sudhir Kumar, Jm: This Appeal By The Assessee Is Directed Against The Order Of The Cit(Appeals)/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Nfac”] Vide Order Dated 12.02.2024 Pertaining To A.Y. 2019-20 & Arises Out Of The Assessment Order Dated 23.12.2019 Under Section 144/148 Of The Income Tax Act 1961 [Hereinafter Referred As ‘The Act’].

Section 143Section 144Section 249(3)Section 5

have heard rival submission of the parties and issue- 6. in-dispute and perused the relevant material on record on the issue of condonation of delay in filing appeal before the Ld. CIT(A). 7. We find that the delay has been caused mainly due to illness and the death ... assessee has the sufficient cause for not presenting the appeal within the prescribed time limit. The Ld.CIT(A) should have condoned the delay and should have decide the appeal on merits. Accordingly, we direct the Ld. CIT(A) to condone the delay in filing appeal before him and admit