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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

Dhanesh Jyotindra Kothari, Mumbai Suburban vs. Income Tax Office(It)-3(1)(1), Mumbai

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

ITA 2952/MUM/2023[2014-15]Status: DisposedITAT Mumbai01 Nov 2023AY 2014-15

Bench: Shri Pavan Kumar Gadaleita No. 2952 & 2951/Mum/2023 (A.Y: 2014-15 & 2015-16) Dhanesh Jyotindra Vs. Ito (It) – 3(1)(1), Kothari,A-Wing, Flat No. Air India Bldg, 6, Mahavir Krupa, Nariman Point, Vallabh Baug Lane, Mumbai-400021. Extn. Ghatkopar (E), Mumbai-4000077 Pan/Gir No. : Adapk9004H Appellant .. Respondent Appellant By : Shri.Kirit.S.Sanghvi.Ar Respondent By : Shri. G.J.Ninawe. Sr. Dr Date Of Hearing 01.11.2023 Date Of Pronouncement 03.11.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Two Appeals Are Filed By The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Nfac)/Cit(A) Passed U/Sec 147 R.W.S 144C & U/Sec 250 Of The Act.

For Appellant: Shri.Kirit.S.Sanghvi.ARFor Respondent: Shri. G.J.Ninawe. Sr. DR
Section 147Section 148

raised the following grounds of appeal 1. Delay not condoned The learned CIT(A) erred on facts and in law in not condoning the delay in filing the appeal before him without appreciating that the appellant had a bona fide reason which caused delay in filing the appeal Relief claimed ... 2951/Mum/2023 Dhanesh Jyotindra Kothari., Mumbai. delay of 21 days in filling the appeal and the CIT(A) has not condoned the delay and dismissed the assessee appeal. Aggrieved by the CIT(A)order, the assessee has filed an appeal before the Hon’ble Tribunal. 5. At the time of hearing

Society for Govt. of Odisha Ashok Leyland Hmv Dti, Chhatia/AOP, Jajpur vs. ITO, Exemption, Cuttack

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

ITA 283/CTK/2023[2016-17]Status: DisposedITAT Cuttack30 Oct 2023AY 2016-17

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.283/Ctk/2023 (ननधाारण वषा / Assessment Year :2016-2017) Society For Govt. Of Odisha Ashok Vs Ito (Exemption), Cuttack Leyland Hmv Driver Training Inst. Village: Vidyadharpur, Chhatia, Jajpur-754023 Pan No. :Aahas 8958 F (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Samir Ranjan Dash, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 30/10/2023 घोषणा की तारीख/Date Of Pronouncement : 30/10/2023 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 12.06.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1053666783(1) For The Assessment Year 2016-2017. 2. It Was Submitted By Ld Ar That The Ld. Cit(A) Has Decided The Appeal Of The Assessee In A Very Casual Manner By Mentioning That Documents Were Not Submitted. It Was Submitted That Adequate Opportunities Have Not Been Granted To The Assessee. It Was Also Submitted That In The Original Order Passed U/S.143(3) Of The Act, There Was No Demand Raised On The Assessee. Subsequently, An Order U/S.154 Of The Act Was Passed On 17.12.2018 Without Issuing Show Cause Notice To The Assessee & Without Hearing The Assessee Wherein A Demand Has Been Raised. It Was The Submission That The Order Of The Ld. Cit(A) Is Liable To Be Set Aside As Also The Order Passed U/S.154 Of The Act Is Liable To Be Set Aside.

For Appellant: Shri Samir Ranjan Dash, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 143(3)Section 154

liable to be upheld. 4. I have considered the rival submissions. On perusal of the petition for condonation of delay in filing of the appeal along with affidavit, shows that the delay was on account of getting the proper advice from the counsel belatedly. As the assessee has given reasonable