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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

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

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

ITA 695/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

M/S. Kuber Tie-Up Pvt. Ltd, Kolkata vs. ACIT(OSD), Ward- 2(3), Kolkata.

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 1371/KOL/2023[2010-11]Status: DisposedITAT Kolkata30 Jul 2024AY 2010-11

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.1371/Kol/2023 Assessment Years: 2010-11 M/S Kuber Tie-Up Pvt. Ltd……………....................…...……………....Appellant 16, Gandhi House, Ganesh Chandra Avenue, 8Th Floor, Kolkata-13. [Pan: Aacck6127H] Vs. Acit(Osd), Ward-2(3), Kolkata.………............................…..…..... Respondent Appearances By: Shri Sanket Joshi, Ca, 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 30, 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 25.05.2023 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 Time-Barred By 142 Days. A Separate Application For Condonation Of Delay Has Been Filed, Wherein, It Has Been Pleaded That The Impugned Order Of The Cit(A) Was Not Physically Served Upon The Assessee. The Order Was Sent On Email, However, The Said Email Was Not Noticed By The Assessee, Therefore, The Assessee Did Not Come To The Knowledge Of The Passing Of The Impugned Order Of The Cit(A). The Passing Of The Order Of The Cit(A) Came To The Knowledge Of The Assessee Only On October 2023. Thereafter, The Assessee Regularly Approached His Consultant To File The Appeal, However, The Consultant Was Busy In Return Filing Activity & Did Not File The Appeal. Thereafter, The Assessee

Section 144Section 148Section 151Section 250

Income Tax Act (hereinafter referred to as the ‘Act’). 2. The appeal is time-barred by 142 days. A separate application for condonation of delay has been filed, wherein, it has been pleaded that the impugned order of the CIT(A) was not physically served upon the assessee. The order

Kalu Jat, Ajmer vs. ITO, Ward 2(2), Ajmer

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

ITA 747/JPR/2023[2015-16]Status: DisposedITAT Jaipur29 Jul 2024AY 2015-16

Bench: Hon,Ble Itat, Jaipur Bench On 07.12.2023 Against The Ex-Parte Order Passed By Ld. Cit(Appeals) Nfac, New Delhi, Order Dated 07.09.2023. The Appeal No. Is Ita No. 747/Jpr/2023. 2. The Present Appeal Was Filed With A Delay Of 31 Days. 3. That The Delay In Filing Of Appeal Was Due To Mistake Of Earlier Local Counsel Of Appellant, As He Did Not Filed The Appeal Well Within The Specified Time. 4. Then, On 06.12.2023, Appellant Engaged A New Counsel Of Jaipur, Ca Raghuveer Singh Poonia & On The Very Next Day The New Counsel Filed The Appeal Before Hon'Ble Itat, Jaipur Bench. 5. Therefore, The Delay In Filing Of Appeal Was Due To Mistake Of Earlier Counsel Of Appellant, Which Can Be Treated As Reasonable Cause & Bonafide Mistake Of Appellant In Good Faith In Filing The Appeal Before Hon'Ble Itat, Jaipur Bench. In View Of Above Submission Your Good Self Are Request That Kindly Consider This As Reasonable Cause To Condone The Delay & Kindly Admit The Appeal. So The Substantial Justice May Be Delivered To The Appellant." 2.2 The Ld. Ar Of The Assessee Appearing In This Appeals Submitted That The Delay Of 31 Days Is On Account Of Due To Mistake Of Earlier Local Counsel Of The Assessee, As He Did Not Inform The Assessee In Proper Time & Subsequently The Assessee Engaged A New Counsel On The Very Next Day & Filed The Appeal. Considering The Various Judicial Precedent Where In The Courts Has Considered That Change Of The New Counsel Is A Reasonable Reason & Has Considered The Delay. Even The Hon'Ble 3

Section 148ASection 56(2)(i)Section 69

days in filing of the appeal by the assessee for which the ld. AR of the assessee filed an application for condonation of delay with following prayers:- "1. That the present appeal was filed before Hon,ble ITAT, Jaipur Bench on 07.12.2023 against the ex-parte order passed ... ITAT, Jaipur Bench. In view of above submission your good self are request that kindly consider this as reasonable cause to condone the delay and kindly admit the appeal. So the substantial justice may be delivered to the appellant." 2.2 The ld. AR of the assessee appearing in this appeals