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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

New Horizon Education Society, Navi Mumbai vs. The Commissioner of Income Tax(Exemption) Mumbai, Mumbai

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

ITA 1522/MUM/2024[2022-2023]Status: DisposedITAT Mumbai27 Jun 2024AY 2022-2023

Bench: Shri Amarjit Singh & Shri Raj Kumar Chauhan, New Horizon Education Vs. The Cit(Exemption) Society, Anand Nagar Room No.601, 6Th Floor, Kavesar, Ghodbunder Cumbala Hill, Mtnl Road, Thane, West, Building, Pedder Road, Thane – 400615 Dr. Gopalrao Deshmukh Marg, Cumbala Hill Mumbai – 400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aabtn2615F Appellant .. Respondent Appellant By : Manoj G. Moryani Respondent By : S. Srinivasu Date Of Hearing 19.06.2024 Date Of Pronouncement 27.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(Exemption) Of The Income Tax Act, 1961 For A.Y. 2022- 23. The Assessee Has Raised The Following Grounds Before Us: “1. The Ex-Parte Order Passed For Rejection Of Approval U/S 80G Is Illegal, Invalid & Bad In Law; 2. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income (Exemption), Mumbai Has Issued Notice On Email Id, The Mail Id Belongs To Ex-Employee Shri Vijay Nerulkar Who Was Retired & Notice Was Not Properly Served To The Assessee Trust, Therefore Rejection Of Approval & Passing Of Ex-Parte Order Is Unjustified, Unwarranted & Excessive; 3. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income (Exemption), Mumbai Has Made All The Correspondence As Well

For Appellant: Manoj G. MoryaniFor Respondent: S. Srinivasu
Section 10ASection 80G

grounds at the time of hearing;” 2. There was delay of 324 days in filing the appeal the assessee has filed application for condonation of delay along with affidavit dated 03.04.2024. 3. Heard both the sides and perused the material on record. The assessee reported in the AFFIDAVIT dated ... portal of the Income Tax Department and filed the appeal on 30.03.2024 which resulted in delay by 324 days. The assessee requested for condonation of delay because of not receiving the ex-parte order passed by the Commissioner of Income Tax in rejecting the approval u/s 80G of the Income

Sujan Mohinder Charitable Trust, New Delhi vs. ITO Ward 2(2) Exemption, New Delhi

In the result, assessee's appeal is allowed for statistical purposes

ITA 539/DEL/2023[2017-18]Status: DisposedITAT Delhi27 Jun 2024AY 2017-18

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2017-18 Sujan Mohinder Charitable Trust, Vs Ito, 8, Eastern Avenue, Ward 2(2) Exemption, Maharani Bagh, New Delhi. New Delhi – 110 065. Pan: Aaats7083F (Appellant) (Respondent) Assessee By : Ms Vandana Bhandari, Ca Revenue By : Shri Ravi Kant Choudhary, Sr. Dr Date Of Hearing : 10.06.2024 Date Of Pronouncement : 27.06.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 30.12.2022 Of The Commissioner Of Income Tax (Appeals), Nfac (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-40/10374/2019-20 Arising Out Of The Appeal Before It Against The Order Dated 28.12.2019 Passed U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), By The Ito, Exemption, Ward 2(2), New Delhi (Hereinafter Referred To As The Ld. Ao). The Assessee Is A Charitable Trust Created By A Trust Deed Dated 6Th March, 2. 1978 & Is Registered U/S 12A Of The Act. The Assessee’S Case Was Picked Up For Scrutiny & The Ao Examined The Cash Deposits Of Rs.34,53,730/- During The Demonetization Period & Further Observed That During The Relevant Assessment Year No Return Has Been Filed By The Assessee Either U/S 139 Of The Act Or In Response To Notice U/S 142(1) Of The Act. Accordingly, The Assessment Was Completed U/S 144 Of The Act Making An Addition Of Rs.1,22,87,399/- U/S 69A Of The Act On Account Of Following Show Cause Notice:-

For Appellant: Ms Vandana Bhandari, CAFor Respondent: Shri Ravi Kant Choudhary, Sr. DR
Section 10BSection 11Section 119(2)Section 12ASection 139Section 142(1)Section 144Section 69A

delay in filing of Form 10 by holding as follows:- “6.4 In view of the above, the appellant is advised to apply for condonation of delay in filing Audit report in Form-10. From the above the power to condone the delay in filing audit report in form 10 vests ... with return of income is a procedural omission and cannot be an impediment in law in claiming the exemption, we allow this appeal condoning the delay in filing the Audit Report in Form No. 10B. However, we also upon condoning the delay, restore the matter to the file

Indian Medical Association, Pune vs. Addl-JCIT(A)-1 Visakhapatnam, E-Order

In the result, appeal of the assessee is partly allowed

ITA 772/PUN/2024[2016-17]Status: DisposedITAT Pune26 Jun 2024AY 2016-17

Bench: Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.772/Pun/2024 िनधा"रण वष" / Assessment Year : 2016-17 Indian Medical Association, V The Addl-Jcit(A)-I, Pcb Branch, Niramaya S Visakhapatnam, E-Order. Hospital, Behind Post Office, Chinchwad Station, Pune – 411019. Pan: Aabti0892B Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 20/06/2024 Date Of Pronouncement 26/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Addl/Jcit(A)-1, Visakhapatnam Under Section 250 Of The Act Dated 31.01.2024 For The A.Y.2016-17 Emanating From The Order U/Sec.143(1) Of The Act Dated 02.01.2018. The Assessee Has Raised The Following Grounds Of Appeal: 1. Exemption U/S 11: The Learned A.O Has Erred In Confirming The Total Income Of The Assessee At Rs.33,84,440/- As Against Returned Income Of Rs 31,040/- Indian Medical Association [A]

Section 11Section 12ASection 12A(2)Section 143(1)Section 250

registration, tax liability is fastened even though they may otherwise be eligible for exemption and fulfil other substantive conditions. However, the power of condonation of delay in seeking registration was not available. 8.3 In order to provide relief to such trusts and remove hardship in genuine cases, section

Mannur Ramjee Rajkumar Reddy, Chennai vs. ITO Ncw 5(1), Chennai

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

ITA 980/CHNY/2024[2017-18]Status: DisposedITAT Chennai26 Jun 2024AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri, Jm & Shri S.R. Raghunathaआयकर अपील सं./Ita No.980/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Mannur Ramjee Rajkumar Reddy, The Income Tax Officer, New No.7, Old No.4, Vs. Corporate Ward 3 (3) 1St Cross, Amman Koil Street, Chennai. Seethammal Colony Extn, Teynampet, Chennai 600 018. Pan: Aaepr 7326J (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. N. Arjun Raj, Advocate ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Irs, Jcit. सुनवाई क" तारीख/Date Of Hearing : 24.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 26.06.2024 आदेश /O R D E R Per Manu Kumar Giri () This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax(Appeals)(Nfac) Delhi [Cit(A)] Dated 21.03.2024 For Assessment Year 2017-18. 2. Assessee Is An Individual & Filed His Return Of Income For Ay 2017-18 On 04.08.2017 Declaring The Total Income Of Rs.2,64,51,270/-. The Cpc, Bangalore Passed The Order U/S 143(1) Of The Income Tax Act, 1961 (In Short ‘’The Act’) Dated 28.03.2019 Determining The Taxable Total Income At Rs.2,95,12,060/-. Being Aggrieved, Assessee Challenged The Said Order U/S 143(1) Of The Act Before The Ld.Cit(A) Wherein The Assessee Has Not Given Proper Chance To Explain The Reason For Delay In Filing Appeal Hence, The Ld.Cit(A) Dismissed The Appeal Ex-Parte.

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Shri. D. Hema Bhupal, IRS, JCIT
Section 143(1)

Collector, Land Acquisition v Mst. Katiji And Others167 ITR 471 (SC) and N. Balakrishnan V. M. Krishnamurthy, AIR 1998 SC 3222 relating to condonation of delay in filing appeal. Accordingly, the impugned order is set aside and the appeal is restored back to the file ... adjudication on condonation of delay in filing appeal as well as on merits if after condoning delay appeal is admitted by ld.CIT(A). The ld.CIT(A) will provide proper opportunity of hearing to the assessee during the hearing of the appeal afresh. The assessee is directed to substantiate its case