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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

Maddipatla Chandrasekar Vijayakumar, Chennai vs. ITO, Ward-1(1), Thiruvallur

The appeal stand partly allowed

ITA 1327/CHNY/2024[2017-18]Status: DisposedITAT Chennai08 Aug 2024AY 2017-18

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1327/Chny/2024 (िनधा)रण वष) / Assessment Year: 2017-18) Shri Maddipatla Chandrasekar Ito Vijayakumar Ward-1(1) बनाम/ #369, Z Block Pushaker Villa, Thiruvallur. Vs. 10Th Street, Anna Nagar, Chennai-600 040. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Axrpk-2390-K (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri M. Murugaboopathy (Advocate)-Ld. Ar A/W Assessee-In-Person " थ"कीओरसे/Respondent By : Ms. Samantha Mullamudi (Addl.Cit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 23-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 08-08-2024 आदेश / O R D E R

For Appellant: Shri M. Murugaboopathy (Advocate)-Ld. AR a/w assessee-in-personFor Respondent: Ms. Samantha Mullamudi (Addl.CIT) -Ld. Sr. DR
Section 144Section 44ASection 69A

fully dependent on consultant for Income Tax matters. An affidavit to that effect has been placed on record. The Ld. AR pleaded for condonation of delay and also pleaded for acceptance of estimation of 8% as offered by him. The Ld. Sr. DR vehemently opposed condonation of delay and pleaded

The Coimbatore Cooperative House Construction Society Limited, Coimbatore vs. ITO, Ncw3(1), Coimbatore

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

ITA 705/CHNY/2024[2022-23]Status: DisposedITAT Chennai07 Aug 2024AY 2022-23

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपीलसं./Ita No.: 705/Chny/2024 िनधा"रणवष" / Assessment Year: 2022-23 The Coimbatore Cooperative Income Tax Officer, House Construction Society V. Non Corporate Ward -3(1), Limited –K 1426, Coimbatore. 15-A, Rathinasabapathy Mudaliar Street, K.K. Pudur, Coimbatore – 641 038. [Pan: Aafat-6040-F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओरसे/Appellant By : Shri. Abhishek Murali, Fca : Shri. N. Sanjay Gandhi, Jcit ""यथ" क" ओरसे/Respondent By सुनवाई क" तारीख/Date Of Hearing : 13.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 07.08.2024 आदेश /O R D E R

For Appellant: Shri. Abhishek Murali, FCA
Section 119Section 119(2)(b)Section 139Section 139(1)Section 139(4)Section 143(1)Section 80ASection 80P

deduction U/s.80P of the Act, of Rs.89,99,250/-. The assessee has also filed petition U/s.119 of the Act, before the ld.PCIT for condonation of delay in filing the return of Income. 4. The return was processed by the CPC, Bengaluru U/s.143(1) of the Act on 02/03/2023 denying ... deduction u/s.80P of the IT Act was denied. It is apprised to the Appellant that the undersigned is empowered to condone the delay in filing of appeal and not the delay in filing the ITR. 5.2 However, an avenue for relief is available by seeking condonation in filing

Anand Engineering Products Pvt. Ltd., Trichy vs. DDIT, CPC, Bengaluru

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

ITA 1375/CHNY/2024[2015-16]Status: DisposedITAT Chennai07 Aug 2024AY 2015-16

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकरअपील सं./ Ita No.1375/Chny/2024 (िनधा"रणवष" / Assessment Year: 2015-2016) Anand Engineering Products Pvt Vs. The Assessing Officer, Limited, Corporate Ward 1(1) D-56, Developed Plots Estate, Chennai. Thuvakudi, Trichy 620 015. [Pan: Aafca 1512R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri A.S. Ramakrishnan, C.A., ""यथ" क" ओर से /Respondent By : Ms. Gouthami Manivasagam, Irs, Jcit.

For Appellant: Shri A.S. Ramakrishnan, C.AFor Respondent: Ms. Gouthami Manivasagam, IRS, JCIT
Section 115JSection 139(1)Section 143(1)Section 143(1)(a)Section 249(2)(c)Section 249(3)

natural justice and facts and circumstances of the case. 2 ITA No.1375/Chny/2024. 2. The Learned CIT(A) is not justified in refusing to condone the delay in filing the appeal especially without issuance of any notice for hearing of the appeal and rejecting the reasons explained for the delay ... delay in preferring appeal was not deliberate nor out of culpable negligence, hence substantial justice to be rendered over technical considerations in condoning the delay, if any. 6. That the memo of appeal has been filed on 06.05.2024 in the Office of the Tribunal’’. 5. In the light of above