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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

Balu Vithal Pawale, Pune vs. ITO WD- 2(4), Pune

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

ITA 2869/PUN/2025[2017-18]Status: DisposedITAT Pune14 Jan 2026AY 2017-18

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.2869/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Balu Vithal Pawale, V Assessing Officer, Village-Kasarsai, S National Faceless Taluka-Mulsi, Assessment Centre, Dist-Pune – 410506. Delhi Pan:Bfcpp7170L Appellant/ Assessee Respondent /Revenue Assessee By Shri B.S.Rajpurohit Revenue By Shri Madhukar Anand-Jcit(Through Virtual) Date Of Hearing 08/01/2026 Date Of Pronouncement 14/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 16.10.2024 Emanating From The Assessment Order Passed Under Section 147R.W.S 144 Read With Section 144B Of The Act, Dated 27.03.2022. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 144BSection 147rSection 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)

time of hearing.” Delay : 2. There was a delay of 332 days in filing appeal before this Tribunal. Assessee filed an Affidavit for condonation of delay. We have perused the Affidavit and are convinced that there is reasonable and sufficient cause for delay. Hence, delay is condoned. Findings & Analysis

Bhagu Bhurabhai Varchand, Kutch vs. The Income Tax Officer, Ward-3, Gdham, Kutch

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

ITA 959/RJT/2025[2021-22]Status: DisposedITAT Rajkot13 Jan 2026AY 2021-22

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 957, 958 & 959/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2021-22) Bhagu Bhurabhai Varchand The Income Tax Officer, Ward-3, H-21/Near Temple Dagara, Vs. Gdham Dagala/Dagara Madhapar S.O Aayakar Bhavan, Near Leva Patel Madhapar 370020, Gujarat India Hospital, Mundra, Bhuj Gujarat 370001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bcppv8921D (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Samir Bhuptani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 13/01/2026 : 13/01/2026 Date Of Pronouncement

For Appellant: Shri Samir Bhuptani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144Section 147Section 271Section 272A(1)(d)

file of AO therefore, there penalties do not have any leg to stand. 7. I note that Ld. CIT(A) did note condone the delay in filing there three appeals before him. The ld. Counsel for the assessee adverted my attention to the respective IT No.957, 958&959/Rjt/2025 Bhagu Bharatbhai ... archand appeals and affidavit filed in this regard by way of statements, citing reasons for condonation of delay and urged for a benign view and sought condonation of delay in their three appeals which belong to the same assessee. A perusal of the sufficient cause explained, given me an impression

Bhagu Bhurabhai Varchand, Kutch vs. The Income Tax Officer, Ward-3, Gdham, Kutch

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

ITA 958/RJT/2025[2021-22]Status: DisposedITAT Rajkot13 Jan 2026AY 2021-22

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 957, 958 & 959/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2021-22) Bhagu Bhurabhai Varchand The Income Tax Officer, Ward-3, H-21/Near Temple Dagara, Vs. Gdham Dagala/Dagara Madhapar S.O Aayakar Bhavan, Near Leva Patel Madhapar 370020, Gujarat India Hospital, Mundra, Bhuj Gujarat 370001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bcppv8921D (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Samir Bhuptani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 13/01/2026 : 13/01/2026 Date Of Pronouncement

For Appellant: Shri Samir Bhuptani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144Section 147Section 271Section 272A(1)(d)

file of AO therefore, there penalties do not have any leg to stand. 7. I note that Ld. CIT(A) did note condone the delay in filing there three appeals before him. The ld. Counsel for the assessee adverted my attention to the respective IT No.957, 958&959/Rjt/2025 Bhagu Bharatbhai ... archand appeals and affidavit filed in this regard by way of statements, citing reasons for condonation of delay and urged for a benign view and sought condonation of delay in their three appeals which belong to the same assessee. A perusal of the sufficient cause explained, given me an impression

Bhagu Bhurabhai Varchand, Kutch vs. The Income Tax Officer, Ward-3, Gdham, Mundra

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

ITA 957/RJT/2025[2021-22]Status: DisposedITAT Rajkot13 Jan 2026AY 2021-22

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 957, 958 & 959/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2021-22) Bhagu Bhurabhai Varchand The Income Tax Officer, Ward-3, H-21/Near Temple Dagara, Vs. Gdham Dagala/Dagara Madhapar S.O Aayakar Bhavan, Near Leva Patel Madhapar 370020, Gujarat India Hospital, Mundra, Bhuj Gujarat 370001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bcppv8921D (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Samir Bhuptani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 13/01/2026 : 13/01/2026 Date Of Pronouncement

For Appellant: Shri Samir Bhuptani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144Section 147Section 271Section 272A(1)(d)

file of AO therefore, there penalties do not have any leg to stand. 7. I note that Ld. CIT(A) did note condone the delay in filing there three appeals before him. The ld. Counsel for the assessee adverted my attention to the respective IT No.957, 958&959/Rjt/2025 Bhagu Bharatbhai ... archand appeals and affidavit filed in this regard by way of statements, citing reasons for condonation of delay and urged for a benign view and sought condonation of delay in their three appeals which belong to the same assessee. A perusal of the sufficient cause explained, given me an impression

Sharda Devi, Basti vs. Income Tax Officer, Basti

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

ITA 525/LKW/2025[2017-18]Status: DisposedITAT Lucknow13 Jan 2026AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Sharda Devi, Vs. The Income Tax Officer, W/O Shyam Singh, Near Zila Basti-New Chikitsalaya, Purani Basti, Basti-2721 Pan: Auspd8424B (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 27.10.2025 Date Of Pronouncement: 13.01.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 16.01.2025 Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Of Penalty Passed By The Ld. Ao Dated 17.01.2022 In Limine Without Going Into The Merits Of The Case. The Grounds Of Appeal Are As Under:- “01. Because The Cit(A) Has Erred On Facts & In Law In Upholding The Addition Of Rs.8,11,663/- Being Cash Deposited In Bank During Demonetization Period Under Section 69A R.W.S. 115Bbe Of The Act, Which Addition Is Contrary To Facts, Bad In Law Be Deleted. 02. Because The Cit(A) Has Failed To Appreciate That The Assessee Is Carrying On The Business Of Household Items, Such As, Business Of Achar, Kuchry (Grocery) Declaring Profit Under Section 44Ad @ 8% Wherein The Provisions Of Section 68 & Section 69 Are Not Applicable, The Addition Of Rs.8,11,663/- Made By The Ao & Upheld By The Cit(A) Is Contrary To The Provisions Of Law Be Deleted. 03. Because The Explanation Furnished By The Assessee Has Not Been Found False Of Untrue, The Addition Of Rs.8,11,663/- Made By The Ao & Upheld By The Cit(A) Be Deleted.”

For Appellant: NoneFor Respondent: Sh. Amit Kumar, DR
Section 115BSection 147Section 271ASection 44ASection 68Section 69Section 69A

being heard by issue of notices on various dates. Some compliance had been made by the assessee but he held that for condoning the delay, it must be proved beyond the shadow of doubt that the assessee was diligent and was not guilty of negligence whatsoever. He relied upon ... Fields Ltd., AIR 196 SC 361 to state that day by day delay had to be explained and no party was entitled to condonation of delay as a matter of right. The proof of a sufficient cause was a condition precedent for the exercise of discretional jurisdiction vested