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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

Income Tax Officer, Patiala vs. Sh. Sewa Singh, Patiala

In the result the appeal of the Revenue is dismissed

ITA 696/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh02 Jul 2024AY 2018-19

Bench: Dr Krinwant Sahay & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 696/Chd/2023 "नधा"रण वष" / Assessment Year: 2018-19 The Ito, Vs. Shri Sewa Singh, बनाम H. No. B-27,Focal Point, Patiala Patiala 147001 "थायी लेखा सं./Pan No: Abjpj5347B अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Virtual Hearing ) "नधा"रती क" ओर से/Assessee By : None राज"व क" ओर से/ Revenue By : Shri Rahul Sohu, Jcit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 02.07.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 02 .07.2024 आदेश/Order

For Appellant: NoneFor Respondent: Shri Rahul Sohu, JCIT, Sr. DR
Section 139(1)Section 143Section 143(1)Section 36Section 43BSection 69

that the Department has filed a letter regarding explaining the reasons 696-Chd-2023 Sewa Singh, Patiala 3 for delay and requested for condonation of delay in filing the appeal. It was submitted that the return of income e-filed by the assessee was processed ... substantial question of law involved, appeal should not be rejected on technical ground of delay. The High Court in this case condoned a delay of 314 days in filing appeal by Revenue. 4.6 In view of the above facts, it was submitted that delay of 1137 days may kindly

B P Poddar Hospital & Medical Research Ltd., Kolkata vs. ACIT, Cir. 5(2), Kolkata

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

ITA 714/KOL/2024[2016-17]Status: DisposedITAT Kolkata02 Jul 2024AY 2016-17

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 714/Kol/2024 Assessment Year: 2016-2017 B.P. Poddar Hospital & Medical Research Ltd.,…………………………………………Appellant 18, Rabindra Sarani, Poddar Court, 9Th Floor, Kolkata-700001 [Pan:Aaccb1618G] -Vs.- Assistant Commissioner Of Income Tax,…..Respondent Circle-5(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Rajeeva Kumar, Advocate, Appeared On Behalf Of The Assessee Shri A.K. Meena, Addl. Cit, Sr. D.R. Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: July 01, 2024 Date Of Pronouncing The Order: July 02, 2024 O R D E R

Section 2Section 253Section 3Section 5

section 2 B.P. Poddar Hospital & Medical Research Ltd. 249 of Income Tax Act, which provides powers to the ld. Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction of this ... looser and he too would have incurred quiet a large litigation expenses. It would be a salutary guideline that when courts condone the delay due to laches on the part of the applicant the court shall compensate the opposite party for his loss”. 5 B.P. Poddar Hospital & Medical Research

Kaizen Industries, Kolkata vs. DCIT, Cir. 29, Kolkata

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

ITA 485/KOL/2024[2018-19]Status: DisposedITAT Kolkata02 Jul 2024AY 2018-19

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 485/Kol/2024 Assessment Year: 2018-2019 Kaizen Industries,………….………………………Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan:Aaefk2373E] -Vs.- Deputy Commissioner Of Income Tax,……..Respondent Circle-29, Kolkata, Aayakar Bhawan Dakshin, 2, Gariahat Road (South), Kolkata-700031 Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee Shri Ankur Goyal, Jcit, Sr. D.R. Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 29, 2024 Date Of Pronouncing The Order: July 02, 2024 O R D E R

Section 249Section 253Section 3Section 5

Appellate Authority against the assessment order dated 28.03.2023 was time barred by 136 days. The assessee has filed an explanation for condonation of delay by way of an affidavit, wherein it was submitted that notices were issued by the ld. Assessing Officer during the course of reassessment proceedings ... also been used identically in sub-section 3 of section 249 of Income Tax Act, which provides powers to the ld. Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction

Bhardwaj Harshvadan Patel, Vadodara vs. The ITO, Ward-1(2)(3) Now Ward-1(2)(1), Vadodara

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

ITA 39/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad01 Jul 2024AY 2011-12

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 39/Ahd/2024 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2011-12) िनधा"रण वष" िनधा"रण वष" Bhardwaj Harshvadan Ito बनाम बनाम/ बनाम बनाम Patel Ward – 1(2)(3), Vs. 201, A Block, Jasper Now Ward – 1(2)(1), Homes, Nr. Sears Towers, Vadodara Vadodara, Gujarat, 390015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Arhpp4034D (Appellant) .. (Respondent) Shri Tej Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Urjit Shah, Sr. Dr 20/06/2024 Date Of Hearing Date Of Pronouncement 01/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 11.08.2023 For The Assessment Year 2011-12. 2. As Per Registry, There Is A Delay Of 91 Days In Filing Of This Appeal. The Assessee Has Filed An Affidavit Explaining That The Order Of The Ld. Cit(A) Was Received By Him On 18.11.2023 And

For Respondent: Shri Urjit Shah, Sr. DR
Section 144Section 147Section 148Section 69

that there was change of Counsel during the period which led to this delay. The Revenue has not raised any objection to the condonation of delay. Considering the explanation of the assessee the delay is condoned. 3. The brief facts of the case are that no return of income ... taken following grounds in this appeal: “1. The CIT(A) erred in law and in the facts of the case in not condoning the delay in filing of the appeal by the appellant and dismissing the same in limine without giving an opportunity to the assessee for presenting the sufficient