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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

Expertease (India) Private Limited, Mumbai vs. ITO TDS 1(2)(2), Mumbai

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

ITA 1594/MUM/2024[2009-2010]Status: DisposedITAT Mumbai25 Jul 2024AY 2009-2010

Bench: Shri Pavan Kumar Gadale & Shri Renu Jauhrii Ta. No. 1594/Mum/2024 (A.Y.2009-10) Expertease (India) Pvt Ltd, Vs Ito (Tds)-1(2)(2) 3102, Gokul Concorde, Roomno. 805, 8Th Flr, Thakur Village, Smt K G Mittal Kandivali (East), Ayurvedic Hospitalbldg Mumbai-400101. Charni Road, Mumbai-400002. Pan/Gir No. Aabce2693P (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Appellant By Shri Prakash Jotwani. Ar Respondent By Shri P.D Chougule. Sr. Dr सुनवाई की तारीख/Date Of Hearing 27.06.2024 घोषणा की तारीख/Date Of Pronouncement 29.07.2024 Order Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Common Order Of The Commissioner Of Income Tax (Appeals)(Cit(A))- 59 Mumbai Passed U/Sec 201(1)/201(1A) & U/Sec 250 Of The Act. 2. At The Time Of Hearing, It Was Brought To The Knowledge Of The Bench That, The Assessee Has Filed The Appeal Electronically On 07.12.2018 & Emphasized On Facts & Relied On The Affidavit Of The Director Of The Assesse Company As Under:

Section 194Section 194CSection 194HSection 201

appeal for hearing, but was instructed to file another appeal, as the online appeal was not available in their record along with condonation of delay 14. I am instructed to file this Condonation of delay; 15. I hereby state that the appeal as filed in time through efiling mode. There ... appeal before the Honble Tribunal by the assessee company is supported with sufficient cause and a pragmatic approach should be considered for condonation of delay and the Ld. DR has no specific objections. Accordingly the delay is condoned and admit the appeal. The assessee has raised the following grounds

Sachin Kanubhai Thakkar, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(7), Ahmedabad

In the result, the appeal filed by the Assessee is treated as allowed for statistical purposes

ITA 732/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad24 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.732/Ahd/2024 "नधा"रण वष" /Assessment Year : 2017-18 Sachin Kanubhai Thakkar The Income Tax Officer 4, Jivraj Park बनाम/ Ward-3(3)(7) Nr. Vejalpur Ahmedabad V/S. Near State Bank Of India Jivraj Park Ahmedabad – 380 051 "थायी लेखा सं./Pan: Adupt 1202 E (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri Aseem L. Thakkar, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 22/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 24/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 31/12/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 29/11/2019 Passed By The Assessing Officer (Ao) Under Section 144 Of The Income Tax Sachin Kanubhai Thakkar Vs. Ito Asst. Year : 2017-18 2

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 115BSection 133Section 143(2)Section 144Section 69A

craves leave to add, alter, amend or modify any of the grounds of appeal on or before the date of hearing of appeal.” Condonation of delay 3. At the outset, we observed that there is a delay of 47 days in filing the appeal before us. The assessee has filed ... application for the condonation of delay along with an Affidavit stating the reasons for the delay. The Ld.Counsel for the assessee submitted that the assessee is engaged in the business of trading edible oil on a semi-wholesale and retail basis. The assessee had entrusted his tax filing formalities

Sri Suryateja Constructions, Vijayawada vs. Assistant Commissioner of Income Tax, Circle - 2(1), Vijayawada

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

ITA 124/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam24 Jul 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.124/Viz/2024 (निर्धारण वर्ा / Assessment Year :2016-17) Sri Suryateja Constructions, Vs. Deputy / Assistant 30-22-80, Shop No. 6G, Kp Commissioner Of Income Tax, Towers, Eluru Road, Durga Circle-1(1), Agraharam, Vijayawada-520002. Vijayawada. Pan: Acdfs2608B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./ I.T.A. No.123/Viz/2024 (निर्धारण वर्ा / Assessment Year :2016-17) Sri Suryateja Constructions, Vs. Deputy / Assistant 30-22-80, Shop No. 6G, Kp Commissioner Of Income Tax, Towers, Eluru Road, Durga Circle-2(1), Agraharam, Vijayawada-520002. Vijayawada. Pan: Acdfs2608B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Assessee By : Sri Gvn Hari, Ar प्रत्यधर्थी की ओर से / Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधई की तधरीख / Date Of Hearing : 19/06/2024 घोर्णध की तधरीख/Date Of : 24/07/2024 Pronouncement O R D E R Per S. Balakrishnan: Both The Captioned Appeals Are Filed By The Assessee Against The Orders Of The Learned Commissioner Of Income Tax (Appeals)

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 142(1)Section 143(3)Section 147Section 148

before the Ld. CIT(A)-NFAC belatedly with a delay of 273 days. 4. On appeal, the Ld. CIT(A)-NFAC did not condone the delay and dismissed the appeal by observing as under: “2. There is no justification for delay in filing the appeal in the absence ... from March, 2022 to January, 2022. There was no extraordinary situation, which could justify the delay, hence the delay is not condoned. Once delay is not condoned, appeal remains unadmitted. Consequently, the appeal is dismissed as unadmitted.” 5. Aggrieved by the order of the Ld. CIT(A)-NFAC, the assessee

Sri Suryateja Constructions, Vijayawada vs. Assistant Commissioner of Income Tax, Circle - 2(1), Vijayawada

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

ITA 123/VIZ/2024[2016-17]Status: DisposedITAT Visakhapatnam24 Jul 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.124/Viz/2024 (निर्धारण वर्ा / Assessment Year :2016-17) Sri Suryateja Constructions, Vs. Deputy / Assistant 30-22-80, Shop No. 6G, Kp Commissioner Of Income Tax, Towers, Eluru Road, Durga Circle-1(1), Agraharam, Vijayawada-520002. Vijayawada. Pan: Acdfs2608B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./ I.T.A. No.123/Viz/2024 (निर्धारण वर्ा / Assessment Year :2016-17) Sri Suryateja Constructions, Vs. Deputy / Assistant 30-22-80, Shop No. 6G, Kp Commissioner Of Income Tax, Towers, Eluru Road, Durga Circle-2(1), Agraharam, Vijayawada-520002. Vijayawada. Pan: Acdfs2608B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Assessee By : Sri Gvn Hari, Ar प्रत्यधर्थी की ओर से / Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधई की तधरीख / Date Of Hearing : 19/06/2024 घोर्णध की तधरीख/Date Of : 24/07/2024 Pronouncement O R D E R Per S. Balakrishnan: Both The Captioned Appeals Are Filed By The Assessee Against The Orders Of The Learned Commissioner Of Income Tax (Appeals)

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 142(1)Section 143(3)Section 147Section 148

before the Ld. CIT(A)-NFAC belatedly with a delay of 273 days. 4. On appeal, the Ld. CIT(A)-NFAC did not condone the delay and dismissed the appeal by observing as under: “2. There is no justification for delay in filing the appeal in the absence ... from March, 2022 to January, 2022. There was no extraordinary situation, which could justify the delay, hence the delay is not condoned. Once delay is not condoned, appeal remains unadmitted. Consequently, the appeal is dismissed as unadmitted.” 5. Aggrieved by the order of the Ld. CIT(A)-NFAC, the assessee

Sri Lakshmi Constructions, Nellore vs. The Deputy Commissioner of Income Tax, Central Circle-1, Guntur

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

ITA 285/VIZ/2023[2020-21]Status: DisposedITAT Visakhapatnam24 Jul 2024AY 2020-21

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.285/Viz/2023 (निर्धारणवर्ा/ Assessment Year : 2020-21) Sri Lakshmi Constructions, Vs. The Deputy Commissioner Of D.No. 26-3-560, Sln Towers, Income Tax, Iv Floor, Bv Nagar, Mini Bypass Central Circle-1, Road, Nellore – 524004. Guntur. Pan: Abofs2978J (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri M.V. Prasad, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Aparna Villuri, Sr. Ar

For Appellant: Sri M.V. Prasad, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 133ASection 143(2)Section 143(3)Section 68

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: “ ……….. A. The appellant is unaware about the receipt of order since ... reasonable and sufficient cause in filing the appeal beyond the prescribed time limit with a delay of 15 days. Therefore, we hereby condone the delay of 15 days in 3 filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Briefly

Hari Priya, Chennai vs. ITO, Ncw 7(3), Chennai

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

ITA 1442/CHNY/2024[2018-19]Status: DisposedITAT Chennai24 Jul 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1442/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 Hari Priya, Vs. The Income Tax Officer, New No. 87, Old No. Y14, Iind Floor, Non Corporate Ward 7(3), 5Th Main Road, Y Block, Anna Nagar, Chennai. Chennai 600 040. [Pan: Alxph0519F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri I Dinesh, Advocate ""थ" की ओर से/Respondent By : Shri Aroon Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 22.07.2024 घोषणा की तारीख /Date Of Pronouncement : 24.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 284 Days. The Assessee Filed A Petition For Condonation Of Delay In The Form Of Duly Notarized Affidavit Stating Reasons For The Said Delay & Prayed For 2

For Appellant: Shri I Dinesh, AdvocateFor Respondent: Shri Aroon Prasad, Addl. CIT
Section 142(1)Section 143(3)Section 24

year 2018-19. 2. We find that this appeal is filed with a delay of 284 days. The assessee filed a petition for condonation of delay in the form of duly notarized affidavit stating reasons for the said delay and prayed for 2 I.T.A. No.1442/Chny/24 condonation of that delay

Income Tax Officer, Chennai vs. Sunedison Solar Power India Private Limited, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 1028/CHNY/2024[AY 2016-17]Status: DisposedITAT Chennai24 Jul 2024

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1028/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 The Income Tax Officer, Vs. Sunedison Solar Power India Private Corporate Ward 6(1), Room No. 704, Limited, No. 6J, Century Plaza,560- Wanaparthy Block, Aayakar Bhawan, 565, Anna Salai, Chennai 600 040 Nungambakkam, Chennai 600 034. [Pan: Aascs6905K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Aroon Prasad, Addl. Cit ""थ" की ओर से/Respondent By : Shri S.K. Gupta, Advocate सुनवाई की तारीख/ Date Of Hearing : 22.07.2024 घोषणा की तारीख /Date Of Pronouncement : 24.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 09.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2016-17. 2. We Find That This Appeal Is Filed With A Delay Of Four Days. The Revenue Filed A Petition For Condonation Of Delay Explaining Reasons For The Said Delay & Prayed For Condonation Of That Delay. On Perusal Of The Condonation Petition & Upon Hearing Both The Parties, We Find That The 2

For Appellant: Shri Aroon Prasad, Addl. CITFor Respondent: Shri S.K. Gupta, Advocate
Section 144BSection 147Section 260A

year 2016-17. 2. We find that this appeal is filed with a delay of four days. The Revenue filed a petition for condonation of delay explaining reasons for the said delay and prayed for condonation of that delay. On perusal of the condonation petition and upon hearing both