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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

Bannari Amman Sugars Employees Cooperative Thrift&Credit Society Limited, Erode vs. ITO, Ward 1(1), Erode

The appeal stands allowed

ITA 814/CHNY/2023[2018-19]Status: DisposedITAT Chennai29 Jan 2024AY 2018-19

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.814/Chny/2023 (िनधा)रण वष) / Assessment Year: 2018-19) Bannari Amman Sugars Ito Employees Cooperative Thrift & Credit Ward-1(1), बनाम/ Society Ltd. Erode. Pg 48 Althukombai Vs. Komarapalayam Post, Sathyamangalam, Erode District "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaeab-2963-L (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ram Adhethyen (Advocate)-Ld. Ar " थ"कीओरसे/Respondent By : Shri P. Sajit Kumar (Jcit)- Ld. Dr सुनवाईकीतारीख/Date Of Final Hearing : 29-01-2024 घोषणाकीतारीख /Date Of Pronouncement : 29-01-2024 आदेश / O R D E R

For Appellant: Shri Ram Adhethyen (Advocate)-Ld. ARFor Respondent: Shri P. Sajit Kumar (JCIT)- Ld. DR
Section 119(2)(b)Section 139(1)Section 143(1)Section 80ASection 80P

affidavit of the President of the assessee society. The Ld. AR has also placed on record the order passed by appropriate authority condoning the delay. The Ld. Sr. DR opposed the condonation of delay. However, keeping in mind cause of substantial justice, we condone the delay and admit the appeal ... condoned by appropriate authority i.e., Ld. CCIT, Coimbatore vide ITBA/COM/F/17/2023-24/1059670711(1) dated 12-01-2024 allowing assessee’s application u/s.119(2)(b) seeking condonation of delay in filing return of income to claim deduction u/s. 80P r.w.s. 80AC(ii) of the Act. The Ld. Sr. DR could not controvert

R Kamalakannan, Chennai vs. ITO, Non Corp. Ward 4(6), Chennai

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

ITA 1354/CHNY/2023[2018-19]Status: DisposedITAT Chennai29 Jan 2024AY 2018-19

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.1354/Chny/2023 िनधा"रण वष" /Assessment Year: 2018-19 V. Shri R. Kamalakannan, The Income Tax Officer, No.85, Avvaiyar Cross Street, Non-Corporate Ward-4(6), Metha Nagar, Chennai. Madavaram Milk Colony, Chennai-600 051. [Pan: Afmpk 7211 A] (अपीलाथ$/Appellant) (%&थ$/Respondent) अपीलाथ$ की ओर से/ Appellant By : Ms. S. Vidya, Ca %&थ$ की ओर से /Respondent By : Shri Ar.V.Sreenivasan, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 29.01.2024 घोषणा की तारीख /Date Of : 29.01.2024 Pronouncement

For Appellant: Ms. S. Vidya, CAFor Respondent: Shri AR.V.Sreenivasan, Addl.CIT
Section 144Section 147Section 192ASection 234B

sufficient opportunity of being heard erred in dismissing the appeal in limine stating that it was it was not a fit case for condonation of delay. 4. For that the appellant had a reasonable cause for the delay in filing the appeal. 5. For that the Commissioner of Income ... before or during the hearing of the appeal, it is most humbly prayed that the Hon'ble Tribunal may be pleased to a) Condone the delay in filing the appeal before the Commissioner of Income Tax (Appeals) and direct the Commissioner of Income Tax (Appeals) to hear the appeal

M/S. Itc Employees Housing Co-Operative Society Limited, Bengaluru vs. Income Tax Officer Ward-1(2)(4), Bengaluru

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

ITA 1033/BANG/2023[2018-19]Status: DisposedITAT Bangalore25 Jan 2024AY 2018-19

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2018-19 M/S. Itc Employees Housing Co-Operative Vs. Ito, Society Ltd., Ward – 1(2)(4), #252, 1St Floor 4Th Cross, Bengaluru. Banaswadi Main Road, Subbarayanapalya, Bengaluru – 560 033. Pan : Aaaa 0532 L Appellant Respondent Assessee By : Shri. V. Srinivasan & Ms. Sunaina Bhatia, Advocates Revenue By : Shri. V. Parithivel, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 24.01.2024 Date Of Pronouncement : .01.2024

For Appellant: Shri. V. Srinivasan and Ms. Sunaina Bhatia, AdvocatesFor Respondent: Shri. V. Parithivel, JCIT(DR)(ITAT), Bengaluru
Section 139(1)Section 250Section 63(16)Section 80PSection 80P(2)(a)Section 80P(2)(d)

Assessment Year is 2018-19. 2. There is a delay of 273 days in filing this appeal. Assessee has filed a petition for condonation of delay accompanied by affidavit of secretary of assessee society stating therein the reasons for late filing of this appeal. We have perused the reasons stated ... reasonable cause and no latches can be attributed to the assessee Page 2 of 5 for belated filing of this appeal. Hence, we condone the delay of 273 days in filing this appeal and proceed to dispose off the same on merits. 3. The solitary issue that is raised

Nirma Chemical Works Pvt. Ltd., Ahmedabad vs. The Dy.CIT, Circle-3(1)(1), Ahmedabad

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

ITA 487/AHD/2023[2013-14]Status: HeardITAT Ahmedabad24 Jan 2024AY 2013-14

Bench: Shri Ramit Kochar & Ms. Suchitra Kambleassessment Year : 2013-14 Nirma Chemical Works Pvt. The Dy. Commissioner Of Income- Ltd. V. Tax Nirma House Circle-3(1)(1) Ashram Road, Ahmedabad Near Income Tax Circle Gujarat Ahmedabad-380 009 Gujarat Pan: Aaacn 5353 L अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri Hemanshu Shah, Ca Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 18/01/2024 & 23.01.2024 घोषणा क" तारीख /Date Of Pronouncement: 23/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Coram: This Appeal Filed By Assessee Is Directed Against The Appellate Order Dated 19/05/2022 Passed By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [“Cit(A)” In Short] Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2013-14 (Din & Order No.Itba/ Nfac/S/250/2022- 23/1043081956(1)), The Appellate Proceedings Have Arisen Before Ld.Cit(A) From Rectification Order Dated 16/02/2022 Passed By Ld. Assessing Officer(Hereinafter Called “The Ao”) U/S 154 Of The 1961 Act (Din & Order Nirma Chemical Works Pvt. Ltd. V. Dcit Ay 2013-14

For Appellant: Shri Hemanshu Shah, CAFor Respondent: Shri Atul Pandey, Sr.DR
Section 143(3)Section 154Section 244ASection 250Section 253(6)(c)Section 253(6)(d)

order is stated to be on 16-02-2022. There is a delay of 11days in filing the appeal. Assessee has filed condonation of delay stating that there was some clerical mistake. Condonation is hereby allowed. Nirma Chemical Works Pvt. Ltd. v. DCIT AY 2013-14 5 2. Hearing notice ... time prescribed u/s 253(3) of the 1961 Act. The ld. Counsel for the assesse submitted that the assesse has duly filed condonation of delay application, praying for condonation of delay. It was submitted that the assessee has filed an application before Ld.CIT(A) for withdrawal/dismissal of its appeal

Cheyyar Virutcham Educational Trust, Thiruvannamalai, Tamilnadu vs. Commissioner of Income Tax, Nungambakkam Chennai

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

ITA 327/CHNY/2023[---]Status: DisposedITAT Chennai24 Jan 2024

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.327/Chny/2023 Cheyyar Virutcham Educational Trust, Vs. The Assistant Commissioner Of 73, Arani Koot Road, Cheyyar, Income Tax (H.Qrs) Thiruvannamalai, (Exemptions), Tamil Nadu 604 407. Chennai. [Pan:Aabtc8538N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 17.01.2024 घोषणा की तारीख /Date Of Pronouncement : 24.01.2024

For Appellant: Shri N.V. Balaji, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 12ASection 12A(1)Section 12A(1)(ac)Section 12A(2)Section 154

delay of 283 days in filing the appeal before the Tribunal. The assessee has filed a petition for 2 I.T.A. No. 327/Chny/23 condonation of delay in the form of an affidavit mentioning the reasons for delay in filing the appeal. By referring to the above affidavit, the ld. Counsel ... that there was reasonable cause for the delay and the delay in filing the appeal is neither wilful nor wanton and prayed for condonation of delay and to admit the appeal for adjudication. Against the above submissions, the ld. DR has not raised any serious objection. Considering the facts