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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

Salma Sadiq Kantharia, Mumbai vs. ITO - Ward 41(1)(4), Kautilya Bhavan, Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 7403/MUM/2025[2020-21]Status: DisposedITAT Mumbai22 Jan 2026AY 2020-21

Bench: Shri Saktijit Dey & Shri Jagadishsalma Sadiq Kantharia Ito-Ward 41(1)(4) A/06, 1St Floor, Shamsuddin Nagar, Kautilya Bhavan, C41-43, Andheri Kurla Road, Jari Mari Kurla, Avenue 3, Near Videsh Bhavan, Mumbai-400 072 Vs. G Block, Bkc, Gilban Area, Bandra Kurla Complex, Bandra E, Mumbai-400 051 Pan/Gir No. Andpk 5832 A (Appellant) : (Respondent) Appellant By : Shri Piyush Chhajed & Shri Ayush Chhajed Respondent By : Shri Swapnil Choudhari Date Of Hearing : 22.01.2026 Date Of Pronouncement : 22.01.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Assessee Against Order Dated 27.05.2024 Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2021-22. 2. Before We Proceed To Deal With The Appeal, We Notice That There Is A Delay Of 471 Days In Filing The Appeal. The Assessee Has Sought Condonation Of Delay By Furnishing An Affidavit, Explaining The Reason For Delay. It Is The Case Of The Assessee That In The Appeal Memo, In Form No. 35, The Address Of Communication Was That Of Assessee’S Tax Consultant, Ca Niranjan R Shah. However, Being An Elderly Person, Suffering From Prolonged Illness

For Appellant: Shri Piyush Chhajed &For Respondent: Shri Swapnil Choudhari

deal with the appeal, we notice that there is a delay of 471 days in filing the appeal. The assessee has sought condonation of delay by furnishing an Affidavit, explaining the reason for delay. It is the case of the assessee that in the appeal memo, in Form ... only went unrepresented before the first appellate authority, but there was delay in filing the appeal before the Tribunal. Thus, he requested for condonation of delay. 3. Having considered rival submissions and perused the affidavit of the assessee and the other materials on record, we are convinced that the delay