← All Phrases

“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

Apparao Mutchakarla, Vizag vs. Assistant Commissioner of Income Tax, Vizag

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above

ITA 4/VIZ/2024[2007-08]Status: DisposedITAT Visakhapatnam19 Apr 2024AY 2007-08

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.04/Viz/2024 (निर्धारण वर्ा / Assessment Year :2007-08) Apparao Mutchakarla, Vs. Assistant Commissioner Of Vizag. Income Tax, Pan: Ahvpm 9813 F Ward-1(4), Visakhapatnam. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Appellant By : Sri C. Subrahmanyam, Ar प्रत्यधर्थी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुिवधई की तधरीख / Date Of Hearing : 28/03/2024 घोर्णध की तधरीख/Date Of : 19/04/2024 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 131Section 133ASection 143(2)Section 143(3)Section 148Section 271(1)(c)

belated filing of the appeal, the Ld. AR drawn our attention to the affidavit filed by the assessee along with petition seeking for condonation of delay and read out the contents of the affidavit which is as under: “ ……….. Whereas, assessee was having nervous problem affected his lift hand and central ... reasonable and sufficient cause in filing the appeal beyond the prescribed time limit with a delay of 38 days. Therefore, we hereby condone the delay of 38 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Briefly stated

Srinivas Balla, Visakhapatnam vs. Assistant Commissioner of Income Tax, Visakhapatnam

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

ITA 11/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam19 Apr 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.11/Viz/2024 (निर्धारण वर्ा / Assessment Year : 2017-18) Srinivas Balla, Vs. Asst. Commissioner Of Visakhapatnam. Income Tax, Circle-2(1), Pan: Ahipb 8232 A Visakhapatnam. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Assessee By : Sri C. Subrahmanyam, Ar प्रत्यधर्थी की ओर से / Revenue By : Dr. Villuri Aparna, Sr. Ar सुिवधई की तधरीख / Date Of Hearing : 26/03/2024 घोर्णध की तधरीख/Date Of : 19/04/2024 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Villuri Aparna, Sr. AR
Section 127Section 129Section 142(1)Section 143(2)Section 143(3)Section 44A

belated filing of the appeal, the Ld. AR drawn my attention to the affidavit filed by the assessee along with petition seeking for condonation of delay and read out the contents of the affidavit which is as under: “1 ……….. 2. The delay in filing this appeal was entire unintentional ... reasonable and sufficient cause in filing the appeal beyond the prescribed limit with a delay of 11 days. Therefore, I hereby condone the delay of 11 days in filing the 3 appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Briefly stated

Suryanarayana Reddy Tondapu, Kakinada vs. Income Tax Officer, Ward-1, Kakinada

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

ITA 170/VIZ/2023[2017-18]Status: DisposedITAT Visakhapatnam19 Apr 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble(Through Hybrid Hearing) आयकर अपील सं./ I.T.A. No.170/Viz/2023 (निर्धारण वर्ा / Assessment Year : 2017-18) Suryanarayana Reddy Tondapu, Vs. Income Tax Officer, Kakinada. Ward-1, Pan: Adppt 6393 K Kakinada. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Appellant By : Sri Dl Narasimha Rao, Ar प्रत्यधर्थी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुिवधई की तधरीख / Date Of Hearing : 26/03/2024 घोर्णध की तधरीख/Date Of : 19/04/2024 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri DL Narasimha Rao, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(3)Section 148Section 187(1)Section 197Section 250Section 4Section 69

belated filing of the appeal, the Ld. AR drawn my attention to the affidavit filed by the assessee along with petition seeking for condonation of delay and read out the contents of the affidavit which is as under: “ ……….. It is further affirmed that I was confronted by ill health arising ... reasonable and sufficient cause in filing the appeal beyond the prescribed limit with a delay of 38 days. Therefore, I hereby condone the delay of 38 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Briefly stated

Medisetty Venkata Rattaiah, Vijayawada vs. The Assistant Or Deputy Commissioner of Income Tax, Vijayawada

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

ITA 94/VIZ/2024[2017-18]Status: DisposedITAT Visakhapatnam18 Apr 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble(Through Hybrid Hearing) आयकरअपीलसं./ I.T.A. No.94/Viz/2024 (निर्धारणवर्ा/ Assessment Year : 2017-18) Medisetty Venkata Rattaiah, Vs. The Assistant Or Deputy Vijayawada. Commissioner Of Income Tax, Pan: Abypm 1595 M Vijayawada. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri M.V. Prasad, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr

For Appellant: Sri M.V. Prasad, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 142(1)Section 144Section 147Section 148Section 69Section 69A

appeal before the Tribunal. Explaining the reasons for belated filing of the appeal, the assessee filed an affidavit along with a petition seeking condonation of delay and the contents of the said affidavit are as under: “1 .….. 2. …… 3. …... 4. The reasons for such delay are submitted as under ... reasonable and sufficient cause in filing the appeal beyond the prescribed limit with a delay of 15 days. Therefore, we hereby condone the delay of 15 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits in the following paragraphs. 4. Briefly stated

Hbs Realtors Private Limited, Mumbai vs. DCIT 7(1)(2), Mumbai

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

ITA 3949/MUM/2023[2013-14]Status: DisposedITAT Mumbai18 Apr 2024AY 2013-14

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailhbs Realtors Pvt. Ltd. Vs. Dy. Commissioner Of 505 Ceejay House, Dr. Income Tax- 7(1)(2) Annie Besant Road, Worli Aaykar Bhavan Mumbai – 400018 Mumbai – 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacc1641C Appellant .. Respondent Appellant By : Mandar Vaidya Respondent By : P.D. Chougule Date Of Hearing 16.04.2024 Date Of Pronouncement 18.04.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac For A.Y. 2013-14. The Assessee Has Raised The Following Grounds Before Us: “1. The Ld. Cit(A) Erred In Treating The Appellant'S Appeal As 'Delayed Solely Because The Appeal, In The First Instance, Was Filed Manually & Not Electronically. 2. The Ld. Cit(A) Misdirected Himself In Not Appreciating That Failure To File The Appeal Electronically, In The First Instance Is, At Best, A Procedural Defect & The Difference Between 'Manual' & 'Electronic' Is, Merely Of Form. 3. The Ld. Cit(A) Was Not, In The Given Circumstances, Justified In Declining To Condone The Delay In Filing The Appeal 4. The Ld. Cit(A) Fell In Error In Not Appreciating That Plurality Of Objects Was Not Precluded In The Purposes Contemplated U/S.11(2) Of The Act.

For Appellant: Mandar VaidyaFor Respondent: P.D. Chougule
Section 11(2)Section 143(2)Section 143(3)Section 14A

between 'manual' and 'electronic' is, merely of form. 3. The Ld. CIT(A) was not, in the given circumstances, justified in declining to condone the delay in filing the appeal 4. The Ld. CIT(A) fell in error in not appreciating that plurality of objects was not precluded ... Pvt.Ltd. vs. Dy.CIT-7(1)(2) the notice of the ld. CIT(A) at column no. 15 of the form no. 35 regarding condonation of delay in filing the online appeal on the ground that circular regarding e-filing of appeal had come late and the assessee had already filed

Amitkumar S. Solanki, Vadodara vs. The ITO, Ward-2, Godhra

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

ITA 456/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad17 Apr 2024AY 2017-18

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 456/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2017-18) Amitkumar S Solanki The Income Tax Officer बनाम/ 63, Narayan Green Ward - 2, Godhra Vs. Banglows, Sama Savli Road, Vadodra - 390024 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Bnips7919E (Appellant) .. (Respondent) Shri Palak Pavagadhi, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Saumya Pandey Jain, Sr. Dr Date Of Hearing 15/04/2024 Date Of Pronouncement 17/04/2024 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, Dated 23.11.2022 For The Assessment Year 2017-18. 2. The Assessee Had Filed His Return Of Income For A.Y. 2017- 18 Declaring An Income Of Rs.49,44,188/-. The Return Was Processed U/S. 143(1) Of The Act On 20.03.2019 & While Processing The Return An Addition Of Rs.25,99,845/- Was Made In Respect Of Unpaid Employees’ Contribution To Epf/Esi U/S.

For Respondent: Ms. Saumya Pandey Jain, Sr. DR
Section 143(1)Section 250Section 36(1)(va)

also a delay on the part of the previous AR of the assessee. The department has not raised any serious objection to the condonation of delay. Considering the explanation of the assessee, the delay in filing of the appeal is condoned. 5. On merits, the ld. AR submitted that

No 779 Veeraganur Primary Agricultural Co- Operative Credit Society, Salem vs. ITO, Ward-1(6), Salem

In the result, the appeal filed by the assessee in ITA 269/CHNY/2024 for assessment year 2021-2022 is allowed for statistical purposes

ITA 269/CHNY/2024[2021-22]Status: DisposedITAT Chennai17 Apr 2024AY 2021-22

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.269/Chny/2024 (िनधा"रणवष" / Assessment Year: 2021-22) No.779 Veeraraganur Primary Vs. The Income Tax Officer, Agricultural Co-Operative Credit Ward 1(6), Society, Salem. Veeragannur Post, Gangavalli, Attur Taluk, Salem. [Pan: Aaaan 3985A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. S. Sridhar, Advocate ""यथ" क" ओर से /Respondent By : Shri. P. Sajit Kumar, Irs, Jcit. सुनवाई क" तार"ख/Date Of Hearing : 17.04.2024 घोषणा क" तार"ख /Date Of Pronouncement : 17.04.2024 आदेश / O R D E R Manu Kumar Giri ()

For Appellant: Shri. S. Sridhar, AdvocateFor Respondent: Shri. P. Sajit Kumar, IRS, JCIT
Section 119(2)Section 119(2)(b)Section 143(1)Section 80PSection 80P(2)(c)Section 80P(2)(d)

assessee has submitted that the assessee has filed a condonation petition before the CBDT under section 119(2) of the Act to condone the delay in filing the return of income. It was further submission that despite having time to process the return of income under section ... outcome of the condonation petition filed before the CBDT. In view of the fact that the assessee has filed an application for condonation of delay before the CBDT under section 119(2)(b) of the Act, it is opined that once the delay condonation is pending before the CBDT