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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

Sharwan Lal Dudhawal, Sikar vs. ITO Ward Neemkathana Bor AO CPC, Neemkathana

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

ITA 549/JPR/2024[2017-18]Status: DisposedITAT Jaipur04 Jul 2024AY 2017-18

Bench: Shri Sandeep Gosain & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.549/Jpr/2024 िनधा"रण वष" / Assessment Year : 2017-18 Sharwan Lal Dudhawal, The Income Tax Dudhwalon Ki Dhani Vpo V Officer, Ajeetgarh, S Ward-Neemkathana Sikar/Neemkathana, Meen- Bor Ao Cpc, Ka-Thana, Rajasthan-332701. Neemkathana. Pan: Ajypd8361Q Appellant / Assessee Respondent / Revenue Assessee By Shri Shrawan Kumar Gupta – Advocate (Ar) Revenue By Shri Rajesh Kumar Meena – Addl.Cit(Dr) Date Of Hearing 02/07/2024 Date Of Pronouncement 04/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Additional Commissioner Of Income Tax/Jcit(Appeals)-5, Shrawan Lal Dudhwal [A]

Section 143(1)Section 234Section 249(3)Section 250Section 44A

grossly erred in law as well as on the facts of the case in not admitting the appeal and dismissing the same on condonation of delay ignoring the sufficient material and evidences available on record, being the strong case on merit. Hence the order so passed ... submission along with paper book containing 167 pages. Page no.161 to 167 of the said paper book is the copy of application for condonation of delay filed by the assessee before the ld.CIT(A). Submission of ld.Departmental Representative for Revenue : 3. The ld.DR for the Revenue relied on the order

Alnavar Credit Souhardha Co-Operative Limited, Alnavar vs. Income Tax Officer, Ward-1(1), Hubli

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

ITA 926/BANG/2024[2018-19]Status: DisposedITAT Bangalore04 Jul 2024AY 2018-19

Bench: Shri Laxmi Prasad Sahu & Shri Prakash Chand Yadavalnavar Credit Souhardaha The Income Tax Officer Co-Operative Ltd. Ward - 1(1), Hubli Vs. 01, Indira Nagar, Alanvar 581103 Pan – Aadaa0459P (Appellant) (Respondent) Assessee By: Shri Sandeep Chalapathy, Ca Revenue By: Shri Ganesh R. Gale, Standing Counsel Date Of Hearing: 03.07.2024 Date Of Pronouncement: 04.07.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/250/2002-23/1049609204(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 10.02.2023 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2018-19. 2. The Brief Facts Of The Case Are That The Assessee, A Co-Operative Society, Filed Its Return Of Income On 01.10.2018 Declaring Nil Income. The Case Of The Assessee Was Selected For Scrutiny, During The Course Of Assessment Proceedings The Ld Assessing Officer (Ao) Relying Upon The Judgement Of The Hon'Ble Supreme Court In The Case Of Totagars Co-Operative Sale Society V. Acit [2023] 188 Taxmann.Com 282 (Sc) Disallowed The Deduction In Respect

For Appellant: Shri Sandeep Chalapathy, CAFor Respondent: Shri Ganesh R. Gale, Standing Counsel
Section 250Section 250(6)

pertinent to note that there is a delay of around 379 days, in filing of the present appeal before ITAT. For condoning the delay, Ld. Counsel of the assessee argued that the order of the CIT(A) was not served on the assessee on the email ID which was mentioned ... rival submissions we observe that there is a delay of 379 days in filing the present appeal. In support of the application for condonation of delay the Finance Head of the assessee society has filed an affidavit( annexed with appeal memo). The Finance Head (FH) has stated that

Muthiah Shanmugam, Vellore vs. ITO, Ward - 3, Vellore

In the result the appeal is partly allowed for statistical purposes

ITA 345/CHNY/2024[2020-21]Status: DisposedITAT Chennai03 Jul 2024AY 2020-21

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.345/Chny/2024 िनधा"रण वष" /Assessment Years: 2020-21 Muthiah Shanmugam Income Tax Officer, No.1/245, Arapakkam Village, Ward-3, Vellore. Bapsu Nagar, Walaja Tk, Arapakkam, Vellore. [Pan: Aanps3951R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri T.Vasudevan, Advocate ""यथ" क" ओर से /Respondent By : Shri Arv Srinivasan, Addl.Cit सुनवाई क" तार"ख/Date Of Hearing : 05.06.2024 घोषणा क" तार"ख /Date Of Pronouncement : 03.07.2024

For Appellant: Shri T.Vasudevan, AdvocateFor Respondent: Shri ARV Srinivasan, Addl.CIT
Section 143(3)Section 250Section 270ASection 80CSection 80G

first appellate authority, the assesse has raised grounds of appeal no.1 to 7 which are all centering around the controversy of non-condonation of delay by the Ld.CIT(A) and confirmation of the impugned addition of Rs.10,57,500/-. 4.0 Before us the Ld.AR submitted that the assesse had genuine ... have condoned the same and adjudicated accordingly. The Ld.AR submitted that the matter may be considered for restoration to the Ld.CIT(A) for condonation of delay and adjudication. The Ld.DR argued that the order of the Ld.CIT(A) is correct and does not require any interference. 5.0 We have heard

Mrs. Malini Ramakrishnan, Chennai vs. DCIT, CC-6(2), Chennai

In the result, the appeal of the assessee is dismissed

ITA 1187/CHNY/2024[2011-12]Status: DisposedITAT Chennai03 Jul 2024AY 2011-12

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1187/Chny/2024 िनधा"रण वष"/Assessment Year: 2011-12 Mrs. Malini Ramakrishnan, Vs. The Deputy Commissioner Of 46, Rukmani Salai, Kalakshetra Colony, Income Tax, Besant Nagar, Chennai 600 090. Corporate Circle 6(2), Chennai. [Pan: Achpr3778B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. T.V. Muthu Abirami, Advocate ""थ" की ओर से/Respondent By : Shri G. Suresh, Jcit सुनवाई की तारीख/ Date Of Hearing : 01.07.2024 घोषणा की तारीख /Date Of Pronouncement : 03.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 01.03.2024 Passed By The Addl/Jcit (A)-1, Vadodara For The Assessment Year 2011-12. 2. The Ld. Ar, Mrs. T.V. Muthu Abirami, Advocate Drew Our Attention To Ground No. 8 & Requested To Adjudicate The Ground As An Effective Ground. The Ld. Ar Further Submits That The Assessee Filed An Appeal Before The Ld. Cit(A) On 12.04.2021 With A Delay Of Eight Years

For Appellant: Mrs. T.V. Muthu Abirami, AdvocateFor Respondent: Shri G. Suresh, JCIT
Section 143(1)Section 80CSection 80G

prayed to allow ground No. 8 and direct 3 I.T.A. No.1187/Chny/24 the ld. CIT(A) to decide the issues on merits by condoning the delay of eight years. 3. The ld. DR Shri G. Suresh, JCIT vehemently opposed the submissions of the ld. AR and argued that no valid reason ... record. On perusal of the impugned order, we find that the ld. CIT(A) discussed the reasons explained by the assessee to condone the delay of 8 years in para 5. The ld. CIT(A) reproduced the petition for condonation of delay at page 6 of the impugned order