← 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

M/S. Regent Hotels, Rourkela vs. ADIT, CPC, Bangalure

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

ITA 212/CTK/2023[2017-18]Status: HeardITAT Cuttack16 Aug 2023AY 2017-18

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.212/Ctk/2023 (ननधाारण वषा / Assessment Year :2017-2018) Regent Hotel, Vs Ito, Ward-5, Rourkela Bisra Road, Rourkela-769011 Pan No. :Aakfr 4838 D (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 16/08/2023 घोषणा की तारीख/Date Of Pronouncement : 16/08/2023 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, Delhi, Passed In Din & Order No.Itba/Nfac/S/250/2022-23/1051193390(1) For The Assessment Year 2017-2018. 2. The Appeal Filed By The Assessee Is Delayed By 11 Days, For Which The Assessee Has Filed Condonation Petition, Wherein He Has Mentioned That Delay Was On Account Of Sickness Of Wife Of The Partner Of Assessee. The Reason Filed By The Assessee Has Not Been Found To Be False. Consequently, The Delay Of 11 Days In Filing The Present Appeal Is Condoned & The Appeal Is Admitted For Decision On Merits. 3. A Perusal Of The Order Of The Ld. Cit(A) Shows That The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee On Account Of Delay. A Further Perusal Of The Order Of The Ld. Cit(A) Shows That The Ld. Cit(A) Has Reckoned The Delay From The Date Of The Intimation. However, The Appeal

For Appellant: NoneFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 154

appeal are restored to the file of the ld. CIT(A), subject to the condition that the assessee shall submit the reason for condonation of delay before the ld. CIT(A) and the ld. CIT(A) shall decide the issues in the appeal on merits after considering the delay after