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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

Krishnateja Finance and Investments Private Limited, Hyderabad vs. ITO., Ward-2(1), Hyderabad

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

ITA 22/HYD/2024[2019-20]Status: DisposedITAT Hyderabad15 May 2024AY 2019-20

Bench: Shri Mahavir Singh & Shri Manjunatha, G.आ.अपी.सं /Ita No.22/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2019-20) Krishnateja Finance & Vs. Income Tax Officer Investments (P) Ltd Ward 2(1) Hyderabad Hyderabad Pan:Aabck0280C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 15/05/2024 घोषणा की तारीख/Pronouncement: 15/05/2024 आदेश/Order

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(1)

situation. However, the delay in filing of the appeal is neither intentional nor for wanton of any undue benefit, therefore, requested to condone the delay in filing of the appeal. The learned CIT (A) after considering the submissions of the assessee dismissed the appeal filed by the assessee unadmitted ... Page 4 of 5 ITA No 22 of 2024 Krishnateja Finance and Investments P Ltd considering the petition filed by the assessee for condonation of delay. Thus, we are of the considered opinion that the delay in filing of the appeal before the first appellate authority needs to be condoned

Vivekananda Lokasiksha Mondir, Medinipur vs. CIT(Exemption), Kolkata

The appeal of the assessee is treated as allowed for statistical purposes

ITA 412/KOL/2024[00]Status: DisposedITAT Kolkata15 May 2024

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.412/Kol/2024 Vivekananda Lokasiksha Mondir…..……............…...……………....Appellant At Muradpur, Muradpur B.O, Muradpur, East Midnapure, West Bengal, India-721625. [Pan:Aaatv2384A] Vs. Cit(Exemptions), Kolkata…...............................................…..…..... Respondent Appearances By: Shri P. K. Ray, Advocate Appeared On Behalf Of The Appellant. Shri Suvendu Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 15, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 02.03.2023 Of The Commissioner Of Income Tax (Exemption), Kolkata [Hereinafter Referred To As ‘Cit(Exemption)’] Rejecting The Application Of The Assessee For Final Approval As Per The Provisions Of Section 80G(5)(Iii) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Appeal Is Time Barred By 304 Days. A Separate Application For Condonation Of Delay Has Been Filed, Which Is Further Supported By Affidavit Of Shri Dibyendu Jana, Executive Officer Of The Assessee. Considering The Submissions Made In The Affidavit, The Delay In Filing The Appeal Is Hereby Condoned.

Section 80G(5)(iii)

Income Tax Act (hereinafter referred to as the ‘Act’). 2. The appeal is time barred by 304 days. A separate application for condonation of delay has been filed, which is further supported by affidavit of Shri Dibyendu Jana, Executive Officer of the assessee. Considering the submissions made in the affidavit