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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

Ruth Mamidi, West Godavari vs. Income Tax Officer, Ward-1, Tadepalligudem

In the result, appeal of the assessee is partly allowed

ITA 3/VIZ/2023[2017-18]Status: DisposedITAT Visakhapatnam17 Jul 2023AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकरअपीलसं./ I.T.A. No.03/Viz/2023 ("नधा"रणवष"/ Assessment Year: 2017-18) Mrs. Ruth Mamidi, Vs. Income Tax Officer, 3-45 Ananthapalli, Ward-1, Ramalayam Veedhi, Nallajerla Tadepalligudem, Mandal, West Godavari, Andhra Pradesh-534101. Andhra Pradesh – 534111. Pan: Cxmpm 2888 M (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Appellant By : Sri C. Subrahmanyam, Ar ""याथ"क"ओरसे/ Respondent By : Sri On Hari Prasada Rao, Sr. Ar सुनवाईक"तार"ख/ Date Of Hearing : 21/06/2023 घोषणाक"तार"ख/Date Of : 17/07/2023 Pronouncement O R D E R

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Sri ON Hari Prasada Rao
Section 139Section 142(1)Section 144Section 271(1)(c)

drawn the attention of the Bench to the affidavit filed by the assessee wherein the explained the reasons and sought for condonation of delay and the relevant portions from the affidavit are extracted herein below: “1. …… 2. However, on 22/07/2022, assessee slipped while climbing the steps and injured herself. Immediately ... assessee in filing the appeal before the Tribunal within the prescribed time limit. Therefore, in my view, it is a fit case to condone the delay and hence I hereby condone the delay of 159 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal

Mr. Mahesh C Shah, Mumbai vs. CIT(A)-6, Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 838/MUM/2023[2009-10]Status: DisposedITAT Mumbai14 Jul 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.838/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) M/S. Mahesh C Shah बिधम/ Cit(A)-6 3Rd Floor, Room No. 10, A B-208, Ramdev Park Chsl, Vs. Chandavarkar Road, Next To Wing, Mittal Court, Sp Mukherjee Garden, Nariman Point, Mumbai- Borivali (West)-400002. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadps1521R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2023 घोषणा की तारीख /Date Of Pronouncement: 14/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)-06, Mumbai Dated 15.03.2019 For Ay. 2009-10. 2. None Appeared On Behalf Of The Assessee. 3. Brief Facts Are That The Assessee Is A Proprietor Of A Firm Named M/S. Haresh Trading Co, Which Is Dealing With Trading Of Electrical Components. The Assessee Had Filed The Return Of Income On 30.09.2009 For Ay. 2009-10 Declaring Total Income Of Rs.3,09,973/-. Later, The Assessment Was Reopened U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act’) By Issuance Of Notice U/S 148 Of The Act After Recording The Reasons. The Ao Noted That He Received Information From The Dgit(Inv.), Mumbai That During The Relevant Year, The Assessee Had Dealt With Thirteen (13) Parties Who Were Hawala Operators Which Information The Investigation Wing (Dgit) Received

For Appellant: NoneFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 144Section 147Section 148

filing of appeal before this Tribunal is about two (2) years. However, it is noted that assessee has filed an affidavit praying for condonation of delay. A perusal of affidavit reveals that assessee is a physically handi-capped person (Disability Certificate of Polio effect 50% disability and his place