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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

Meka Viraj Gopal Apparao, Nuzvid vs. The Income Tax Officer, Ward -3(1), Vijayawada

In the result, appeal of the Assessee is allowed

ITA 232/VIZ/2025[2015-16]Status: DisposedITAT Visakhapatnam23 Jan 2026AY 2015-16

Bench: Shri Vijay Pal Rao & Shri Omkareshwar Chidaraआ.अपी.सं /Ita No.232/Viz./2025 Assessment Year 2015-2016 Meka Viraj Gopal Apparao, Kotapadu Estate, Nuzvid The Income Tax Officer, Vs. Mandal, Krishna Ward-3(1), District. Vijayawada – 520 002. Pin – 521 201. Pan Bgapm1891G (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Sri Mv Prasad, Ca राज" व "ारा /Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 20.01.2026 घोषणा की तारीख/Pronouncement: 23.01.2026 आदेश/Order

For Appellant: Sri MV Prasad, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 142(1)Section 147Section 148Section 148A

outset, there is a delay of 107 days in filing the present appeal. The assessee has filed a petition/affidavit for condonation of delay. The learned Authorised Representative of the Assessee has submitted that the assessee challenged the notice issued by the Assessing Officer u/sec.148 before the Hon’ble Jurisdictional High ... order of the Assessing Officer and consequential impugned order passed by the learned CIT(A) becomes infructuous and therefore, declining to condone the delay would amount to upholding the impugned order of the learned CIT(A) otherwise becomes infructuous and non-est. It is settled proposition of law that when

Ganesh Chand Suresh Kumar, Chennai vs. ITO, Ncw-3(3), Chennai

ITA 3143/CHNY/2025[2017-18]Status: DisposedITAT Chennai23 Jan 2026AY 2017-18

Bench: Shri George George Kand Ms Padmavathy Sआयकर अपील सं./Ita No.: 3143/Chny/2025 निर्धारण वर्ष/Assessment Year: 2017-18 Shri Ganesh Chand Suresh Kumar, A-2, 1St Floor, Ashok Ganapathim, New No.49, 4Th Main Road, R.A. Puram, Chennai - 600 028. Pan: Brtps 0536A (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By The Income Tax Officer, Vs. Non-Corporate Ward 3(3), Chennai (प्रत्यर्थी/Respondent) : Shri N. Arjun Raj, Advocate : Ms. R. Kavitha, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 22.01.2026 घोषणा की तारीख/Date Of Pronouncement : 23.01.2026 आदेश/ Order Per George George K: This Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 18.09.2025, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called `The Act'). The Relevant Assessment Year Is 2017-18. :-2 -:

Section 144BSection 147Section 148Section 148ASection 250

reasonable cause for condoning the same. 4. On perusing the order of FAA, we noted that the assessee had filed application for condonation of delay before the FAA stating the reason that the notices issued during the course of assessment proceedings were sent to the email ID which ... rejected the assessee's request for condonation and dismissed the appeal of the assessee stating that there is no sufficient cause for condonation of delay. In our view, the reason cited by assessee in its petition before FAA seems quite reasonable and hence, we condone the delay before

Gajullanka Primary Agriculture Co Op Society, Guntur vs. Income Tax Officer, Ward-1, Tenali

In the result, all the four appeals of the Assessee are allowed for statistical purposes

ITA 498/VIZ/2025[2019-20]Status: DisposedITAT Visakhapatnam22 Jan 2026AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Omkareshwar Chidaraआ.अपी.सं /Ita Nos.495 To 498/Viz./2025 Assessment Years 2018-2019 & 2019-2020 Gajullanka Primary The Income Tax Officer, Agriculture Co-Op Ward-1, Tenali. Society,Avulavaripalem, Vs. Pin – 522 201. Kolluru Mandal, Guntur State Of Andhra District – 522 324. Pradesh Pan Bgapm1891G (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Sri C Subrahmanyam, Ca [Hybrid Mode] राज" व "ारा /Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 22.01.2026 घोषणा की तारीख/Pronouncement: 22.01.2026 आदेश/Order

For Appellant: Sri C Subrahmanyam, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144Section 147Section 148Section 249(3)Section 250Section 270ASection 271A

with facts of the case and provisions of law. 2. The Learned CIT(A) has erred in dismissing the appeal in limine without condoning the delay by 65 days, ignoring the bonafide reasons and medical evidence submitted by the appellant, and failed to appreciate that the delay ... case and provisions of law. 2. The Ld. CIT(A) has grossly erred in law and on facts in refusing to condone the delay of 257 days in filing the appeal, despite the fact that the appellant clearly explained the cause of delay supported by cogent and credible evidence

Gajullanka Primary Agriculture Co Op Society, Guntur vs. Income Tax Officer, Ward-1, Tenali

In the result, all the four appeals of the Assessee are allowed for statistical purposes

ITA 497/VIZ/2025[2019-20]Status: DisposedITAT Visakhapatnam22 Jan 2026AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Omkareshwar Chidaraआ.अपी.सं /Ita Nos.495 To 498/Viz./2025 Assessment Years 2018-2019 & 2019-2020 Gajullanka Primary The Income Tax Officer, Agriculture Co-Op Ward-1, Tenali. Society,Avulavaripalem, Vs. Pin – 522 201. Kolluru Mandal, Guntur State Of Andhra District – 522 324. Pradesh Pan Bgapm1891G (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Sri C Subrahmanyam, Ca [Hybrid Mode] राज" व "ारा /Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 22.01.2026 घोषणा की तारीख/Pronouncement: 22.01.2026 आदेश/Order

For Appellant: Sri C Subrahmanyam, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144Section 147Section 148Section 249(3)Section 250Section 270ASection 271A

with facts of the case and provisions of law. 2. The Learned CIT(A) has erred in dismissing the appeal in limine without condoning the delay by 65 days, ignoring the bonafide reasons and medical evidence submitted by the appellant, and failed to appreciate that the delay ... case and provisions of law. 2. The Ld. CIT(A) has grossly erred in law and on facts in refusing to condone the delay of 257 days in filing the appeal, despite the fact that the appellant clearly explained the cause of delay supported by cogent and credible evidence

Gajullanka Primary Agriculture Co Op Society, Guntur vs. Income Tax Officer, Ward-1, Tenali

In the result, all the four appeals of the Assessee are allowed for statistical purposes

ITA 496/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam22 Jan 2026AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Omkareshwar Chidaraआ.अपी.सं /Ita Nos.495 To 498/Viz./2025 Assessment Years 2018-2019 & 2019-2020 Gajullanka Primary The Income Tax Officer, Agriculture Co-Op Ward-1, Tenali. Society,Avulavaripalem, Vs. Pin – 522 201. Kolluru Mandal, Guntur State Of Andhra District – 522 324. Pradesh Pan Bgapm1891G (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Sri C Subrahmanyam, Ca [Hybrid Mode] राज" व "ारा /Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 22.01.2026 घोषणा की तारीख/Pronouncement: 22.01.2026 आदेश/Order

For Appellant: Sri C Subrahmanyam, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144Section 147Section 148Section 249(3)Section 250Section 270ASection 271A

with facts of the case and provisions of law. 2. The Learned CIT(A) has erred in dismissing the appeal in limine without condoning the delay by 65 days, ignoring the bonafide reasons and medical evidence submitted by the appellant, and failed to appreciate that the delay ... case and provisions of law. 2. The Ld. CIT(A) has grossly erred in law and on facts in refusing to condone the delay of 257 days in filing the appeal, despite the fact that the appellant clearly explained the cause of delay supported by cogent and credible evidence

Gajullanka Primary Agriculture Co Op Society, Guntur vs. Income Tax Officer, Ward-1, Tenali

In the result, all the four appeals of the Assessee are allowed for statistical purposes

ITA 495/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam22 Jan 2026AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Omkareshwar Chidaraआ.अपी.सं /Ita Nos.495 To 498/Viz./2025 Assessment Years 2018-2019 & 2019-2020 Gajullanka Primary The Income Tax Officer, Agriculture Co-Op Ward-1, Tenali. Society,Avulavaripalem, Vs. Pin – 522 201. Kolluru Mandal, Guntur State Of Andhra District – 522 324. Pradesh Pan Bgapm1891G (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Sri C Subrahmanyam, Ca [Hybrid Mode] राज" व "ारा /Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 22.01.2026 घोषणा की तारीख/Pronouncement: 22.01.2026 आदेश/Order

For Appellant: Sri C Subrahmanyam, CAFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 144Section 147Section 148Section 249(3)Section 250Section 270ASection 271A

with facts of the case and provisions of law. 2. The Learned CIT(A) has erred in dismissing the appeal in limine without condoning the delay by 65 days, ignoring the bonafide reasons and medical evidence submitted by the appellant, and failed to appreciate that the delay ... case and provisions of law. 2. The Ld. CIT(A) has grossly erred in law and on facts in refusing to condone the delay of 257 days in filing the appeal, despite the fact that the appellant clearly explained the cause of delay supported by cogent and credible evidence