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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

Assyst International Pvt Ltd, Kochi vs. DCIT Corporate Circle1(1), Kochi

In the result, the appeal filed by the assessee is dismissed

ITA 898/COCH/2022[2019-20]Status: DisposedITAT Cochin08 Mar 2023AY 2019-20

Bench: Shri George George K. & Ms. Padmavathy S.M/S. Assyst International Pvt. Ltd. Vs Dcit, Corporate Circle -1(1) Kochi Ii/138-D, Nh -47, Muttam Thaikkattukkara P.O. Kochi 683106 Pan – Aadca0592R (Appellant) (Respondent) Assessee By: Ms. K.Parvathy Ammal, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing: 02.03.2023 Date Of Pronouncement: 08 .03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 18.05.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2019-20. 2. There Is Delay Of ‘64’ Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay & Also An Affidavit Of Cfo Of The Assessee Company Stating, Therein, The Reasons For Belated Filing Of This Appeal. On Perusal Of Reason Stating For Affidavit For Late Filing Of This Appeal, We Are View That There Is ‘Sufficient Cause’ & No Latches Can Be Attributable To The Assessee. Hence, We Condon Delay Of ‘64’ Days In Filing This Appeal & Proceed To Dispose Of The Same On Merits.

For Appellant: Ms. K.Parvathy Ammal, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(1)Section 250Section 36(1)(va)

assessment year is 2019-20. 2. There is delay of ‘64’ days in filing this appeal. The assessee has filed a petition for condonation of delay and also an affidavit of CFO of the assessee company stating, therein, the reasons for belated filing of this appeal. On perusal of reason

M/S Ben Rubbers, Ernakulam vs. Income Tax Officer, Ward -1, Aluva

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

ITA 875/COCH/2022[2009-10]Status: DisposedITAT Cochin03 Mar 2023AY 2009-10

Bench: Shri George George K. & Ms. Padmavathy S.M/S. Ben Rubbers Vs The Income Tax Officer Cheenikuzhi Ward - 1 North Mazhuvannur R.S. Road, Aluva 683101 Ernakulam Dist. 686689 Pan – Aagfb6859G (Appellant) (Respondent) Assessee By: Shri Pratheesh Paul M., Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing: 01.03.2023 Date Of Pronouncement: 03.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 17.06.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2009-10. 2. There Is A Delay Of 9 Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay. On Perusal Of The Petition For Condonation We Find That The Delay Cannot Be Attributed To Any Latches On The Part Of The Assessee & There Is Sufficient Cause To Condone The Delay. Therefore, We Condone The Delay & Proceed To Dispose Off This Appeal On Merits.

For Appellant: Shri Pratheesh Paul M., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(2)Section 143(3)Section 250

year is 2009-10. 2. There is a delay of 9 days in filing this appeal. The assessee has filed a petition for condonation of delay. On perusal of the petition for condonation we find that the delay cannot be attributed to any latches on the part of the assessee ... there is sufficient cause to condone the delay. Therefore, we condone the delay and proceed to dispose off this appeal on merits. 3. The brief facts of the case as follows: - 2 M/s. Ben Rubbers The assessee is a firm. For AY 2009-10 return of income was filed

Sri Goluguri Nagi Reddy, Vijayawada vs. Aasistant Commissioner of Income Tax, Central Circle-1, Rajahmundry

In the result, appeal of the assessee is partly allowed

ITA 140/VIZ/2022[2017-18]Status: DisposedITAT Visakhapatnam28 Feb 2023AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.139/Viz/2022 ("नधा"रणवष"/ Assessment Year :2014-15) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg 1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) आयकरअपीलसं./ I.T.A. No.140/Viz/2022 ("नधा"रणवष"/ Assessment Year :2017-18) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri M.V. Prasad, Ca ""याथ"क"ओरसे/ Revenue By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri M.V. Prasad, CAFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 127(2)(a)Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

assessee wherein the assessee explained the reasons for filing the appeal before the Tribunal beyond the prescribed time limit and sought for condonation of delay of 81 days. The Ld Authorised Representative (Ld.AR) submitted that no proper notice was issued and served on the assessee. Further, the assessee was aware ... prevented by a reasonable and sufficient cause in filing the appeal with a delay of 81 days. Considering the same, we hereby condone the delay of 81 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits. 4. Brief facts of the case

Sri Goluguri Nagi Reddy, Vijayawada vs. Assistant Commissioner of Income Tax, Central Circle-1, Rajahmundry

In the result, appeal of the assessee is partly allowed

ITA 139/VIZ/2022[2041-15]Status: DisposedITAT Visakhapatnam28 Feb 2023AY 2041-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.139/Viz/2022 ("नधा"रणवष"/ Assessment Year :2014-15) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg 1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) आयकरअपीलसं./ I.T.A. No.140/Viz/2022 ("नधा"रणवष"/ Assessment Year :2017-18) Sri Goluguri Nagi Reddy, Vs. Acit, Flat No.5, Shiridi Sai Apartments, Central Circle-1, Balasumudi, Bhimavaram. Rajahmundry. Pan: Abkpg1138 J (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri M.V. Prasad, Ca ""याथ"क"ओरसे/ Revenue By : Sri Mn Murthy Naik, Cit-Dr

For Appellant: Sri M.V. Prasad, CAFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 127(2)(a)Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

assessee wherein the assessee explained the reasons for filing the appeal before the Tribunal beyond the prescribed time limit and sought for condonation of delay of 81 days. The Ld Authorised Representative (Ld.AR) submitted that no proper notice was issued and served on the assessee. Further, the assessee was aware ... prevented by a reasonable and sufficient cause in filing the appeal with a delay of 81 days. Considering the same, we hereby condone the delay of 81 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits. 4. Brief facts of the case