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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

Vijaya Durga Penumala, Rajahmundry vs. Income Tax Officer, Ward-2(1), Rajahmundry

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

ITA 249/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam31 Jul 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.249/Viz/2024 (िनधा"रण वष" / Assessment Year : 2016-17) Vijaya Durga Penumala, Vs. The Income Tax Officer, 74-8-20, Siri Apartments-2, Ward-2(1), Prakash Nagar, Rajahmundry, Rajahmundry. Andhra Pradesh – 533103. Pan: Cxdpp1606F (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri C. Subrahmanyam, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 29/07/2024 घोषणा क" तारीख/Date Of : 31/07/2024 Pronouncement O R D E R

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(2)Section 271(1)(c)Section 50C

filing of the appeal, the Ld. AR drew our attention to the affidavit filed by the assessee along with a petition seeking for condonation of delay and read out the contents of the affidavit which is as under: “……….. 2. Assessee was while going to her Counsel’s office to sign ... reasonable and sufficient cause in filing the appeal beyond the prescribed time limit with a delay of 3 84 days. Therefore, we hereby condone the delay of 84 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Briefly

Jami Pradhamika Vyavasayasharakara Parapathi Sangham Ltd., Vizianagaram vs. Income-Tax Officer, Vizianagaram

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

ITA 206/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam31 Jul 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No. 206/Viz/2024 (िनधा"रण वष" / Assessment Year : 2016-17) Jami Pradhamika Vyavasaya Vs. Income Tax Officer, Sahakara Parapathi Vizianagaram. Sanghamltd., Vizianagaram. Pan: Aabaj1927F (अपीलाथ"/ Appellant) (""थ"/ Respondent) अपीलाथ" की ओर से/ Appellant By : Sri I. Kama Sastry, Ar ""ाथ" की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar

For Appellant: Sri I. Kama Sastry, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 249(3)Section 69A

belatedly before the Ld. CIT(A)- NFAC with a delay of 309 days. 2. On appeal, the Ld. CIT(A)-NFAC, did not condone the delay of 309 days in filing the appeal and dismissed the assessee’s appeal. While dismissing the assessees’ appeal, the Ld. CIT(A)- NFAC observed ... appeal before the Tribunal by raising the following grounds of appeal: “1. The Ld. CIT(A) is not justified in refusing to condone the delay in filing the appeal before him even though the appeal is filed within the time allowed from the date the assessee came to know about

Axon Mercantile Pvt. Ltd., Kolkata vs. ITO, Ward-9(1), Kolkata

The appeal of the assessee is treated as allowed for statistical purposes

ITA 538/KOL/2024[2012-13]Status: DisposedITAT Kolkata31 Jul 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.538/Kol/2024 Assessment Year: 2012-13 Axon Mercantile Pvt. Ltd.………....................…...……………....Appellant 36, Gopi Basu Lane, Kolkata – 700012. [Pan: Aacca7870M] Vs. Ito, Ward-9(1), Kolkata.…………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Sailen Samadder, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : June 05, 2024 Date Of Pronouncing The Order : July 31, 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 17.10.2023 Of The National Faceless Appeal Centre [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 Barred By Limitation Of 90 Days. A Separate Application For Condonation Of Delay Has Been Filed, Which Is Also Supported With The Affidavit Of The Director Of The Assessee Company, The Contents Of The Said Affidavit Are Reproduced As Under:

Section 147Section 250

Income Tax Act (hereinafter referred to as the ‘Act’). 2. The appeal is barred by limitation of 90 days. A separate application for condonation of delay has been filed, which is also supported with the affidavit of the director of the assessee company, the contents of the said affidavit

Regal Education Society, Ratnagiri vs. Income Tax Officer (Exemptions), Kolhapur

In the result, three appeals of the assessee in ITA Nos

ITA 697/PUN/2024[2020-21]Status: DisposedITAT Pune30 Jul 2024AY 2020-21

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.695, 696 & 697/Pun/2024 िनधा"रण वष" / Assessment Years: 2018-19, 2020-21 Regal Education Society, The Income Tax 104, Swami Complex, V Officer(Exemptions), Bazarpeth, Chiplun, Ratnagiri, S Kolhapur. Maharashtra – 415605. Pan: Aabtr5097B Appellant Respondent Assessee By None. Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 30/07/2024 Date Of Pronouncement 30/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals), All Dated 04.03.2024 Passed U/Sec.250 Of The Act For A.Y.2018-19 & A.Y.2020-21. The Assessee In Ita No.695/Pun/2024 Has Raised The Following Grounds Of Appeal : 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Dismissing The Appeal Due To Delay In Filing Without Considering The Case On Merits.

Section 10Section 11Section 115BSection 12ASection 250Section 270A

that there was no sufficient cause for delay. 3.4 As per Form No.35 filed by the assessee, assessee had filed an application for condonation of delay along with Affidavit before the ld.CIT(A). It has been pleaded by the assessee that there was dispute between the trustees. Therefore, appeal could ... sufficient cause for filing the appeal before the ld.CIT(A) beyond the statutory time limit. Therefore, we direct the ld.CIT(A) to condone the delay. Hence, we set-aside all these three appeals to the ld.CIT(A) for denovo adjudication. The ld.CIT(A) shall give opportunity of hearing

Regal Education Society, Ratnagiri vs. Income Tax Officer (Exemptions), Kolhapur

In the result, three appeals of the assessee in ITA Nos

ITA 696/PUN/2024[2018-19]Status: DisposedITAT Pune30 Jul 2024AY 2018-19

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.695, 696 & 697/Pun/2024 िनधा"रण वष" / Assessment Years: 2018-19, 2020-21 Regal Education Society, The Income Tax 104, Swami Complex, V Officer(Exemptions), Bazarpeth, Chiplun, Ratnagiri, S Kolhapur. Maharashtra – 415605. Pan: Aabtr5097B Appellant Respondent Assessee By None. Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 30/07/2024 Date Of Pronouncement 30/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals), All Dated 04.03.2024 Passed U/Sec.250 Of The Act For A.Y.2018-19 & A.Y.2020-21. The Assessee In Ita No.695/Pun/2024 Has Raised The Following Grounds Of Appeal : 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Dismissing The Appeal Due To Delay In Filing Without Considering The Case On Merits.

Section 10Section 11Section 115BSection 12ASection 250Section 270A

that there was no sufficient cause for delay. 3.4 As per Form No.35 filed by the assessee, assessee had filed an application for condonation of delay along with Affidavit before the ld.CIT(A). It has been pleaded by the assessee that there was dispute between the trustees. Therefore, appeal could ... sufficient cause for filing the appeal before the ld.CIT(A) beyond the statutory time limit. Therefore, we direct the ld.CIT(A) to condone the delay. Hence, we set-aside all these three appeals to the ld.CIT(A) for denovo adjudication. The ld.CIT(A) shall give opportunity of hearing