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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

Visa Sales Pvt. Ltd., Kolkata vs. A.O. Ward 1(3), Kolkata

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

ITA 526/KOL/2021[2011-12]Status: DisposedITAT Kolkata21 Dec 2022AY 2011-12

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradi.T.A. No.526/Kol/2021 Assessment Year: 2011-12 Visa Sales Pvt. Ltd........….……………………....................……….……Appellant 12, Waterloo Street, Kolkata-700069. [Pan: Aadcv1161H] Vs. A.O, Ward-1(3), Kolkata……..….…..….........……........……...…..…..Respondent Appearances By: Shri Narayan Gupta, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 09, 2022 Date Of Pronouncing The Order : December 21, 2022 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To Assessment Year 2011-12 Is Directed Against The Order Of The Ld. Commissioner Of Income Tax(Appeals)-19, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Dated 06.03.2018 Is Arising Out Of The Order U/S 143(3) Of The Act Dated 29.03.2014 Passed By Ito, Ward-1(3), Kolkata. 2. The Registry Has Informed That This Appeal Is Time Barred By 968 Days. On Going Through The Condonation Application In The Form Of Affidavit & After Hearing Both The Parties, We Find That This Delay Is Accountable For Two Reasons. Firstly, The Impugned Order Of The Cit(A) Is Dated 06.03.2018 & The Assessee Has Not Received The Order On Time. Secondly, The Period Of Delay Occurred On Account Of Lockdown In The State Due To Outbreak Of Covid-19. In View Of The Reasons Stated In The Affidavit For Condonation Of Delay & Also The Extension Of Limitation Period By Hon’Ble Supreme Court In Suo Moto Writ Petition (Civil) No.3 Of 2020 Dated 10.01.2022 By Which The Period From 15.03.2020 To 28.02.2022 Has Been Directed To Be Excluded For The Purpose Of Limitation & A Further Period Of 90 Days Has Been Granted For Providing The Limitation From 01.03.2022, We, Therefore, Condone The Delay In Filing This Appeal & Admit The Same For Adjudication.

Section 143(3)Section 68

account of lockdown in the State due to outbreak of Covid-19. In view of the reasons stated in the affidavit for condonation of delay and also the extension of limitation period by Hon’ble Supreme Court in Suo Moto Writ Petition (Civil) No.3 of 2020 dated 10.01.2022 by which ... purpose of limitation and a further period of 90 days has been granted for providing the limitation from 01.03.2022, we, therefore, condone the delay in filing this appeal and admit the same for adjudication. Visa Sales Pvt. Ltd I.T.A. No.526/Kol/2021 Assessment Year: 2011-12 3. The assessee has raised

Sri Paraswanath Digambar Jain Bhavan Management Trust, Villupuram vs. ACIT, CPC, Bangalore

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

ITA 575/CHNY/2022[2015-2016]Status: DisposedITAT Chennai21 Dec 2022AY 2015-2016

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.575/Chny/2022 िनधा"रण वष"/Assessment Year: 2015-16 Sri Parswanath Digambar Jain Vs. The Assistant Commissioner Of Bhavan Management Trust, Income Tax/Ito, No. 22, Subramana Swami Koil St., Ward 2, Tindivanam, Villupuram 604 001. Villupuram. [Pan:Aamts2577A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri M. Karunakaran, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 12.12.2022 घोषणा की तारीख /Date Of Pronouncement : 21.12.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 10.05.2022 Relevant To The Assessment Year 2015-16. 2. The Appeal Filed By The Assessee Is Delayed By Two Days In Filing The Appeal, For Which, The Assessee Has Filed A Petition For Condonation Of The Delay In The Form Of An Affidavit, To Which; The Ld. Dr Has Not Raised Any 2

For Appellant: Shri M. Karunakaran, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 11Section 154Section 24

deduction under section 24(a) of the Act. On appeal, the ld. CIT(A) dismissed the appeal of the assessee since petition for condonation of delay of 307 days in filing the appeal before the ld. CIT(A) was not filed. 4. On being aggrieved, the assessee is in appeal ... before the Tribunal. The ld. Counsel for the assessee has prayed for an opportunity to the assessee to file petition for condonation of delay before the ld. CIT(A) to explain the reasons for the delay. 5. On the other hand, the ld. DR relied upon the order

Manish Kumudchandra Metha, Mumbai vs. Income Tax Officer-19(2)(3), Mumbai

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 2407/MUM/2022[2011-2012]Status: DisposedITAT Mumbai20 Dec 2022AY 2011-2012

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/ I.T.A. No.2407/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2011-12) Manish Kumudchandra Mehta बिधम/ Vs. Acit, Circle-19(2) 7, Sudha, 2Nd Floor, Patel Compound, 14, Hanvant Bhavan, 80E, Sea Road, Napeansea Road, Mumbai-400006. Mumbai-400036. आयकरअपीलसं/ I.T.A. No.2409/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2013-14) Manish Kumudchandra Mehta बिधम/ Vs. Income Tax Officer- 19(2)(3) 7, Sudha, 2Nd Floor, Patel Compound, Matru Mandir, 2Nd Floor, Sea Road, Grant Road, Mumbai-400036. Mumbai- 400007. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aadpm9184G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Smt. Mahita Nair (Sr. Ar. Cit) सुनवाईकीतारीख / Date Of Hearing: 17/11/2022 घोषणाकीतारीख /Date Of Pronouncement: 20/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against Order Of The Ld. Cit(A) Dated 27-07-2022 For A.Y. 2011-12 & Ay. 2013-14. 2. None Appeared For The Assessee. However, Having Perused The Grounds Of Appeal Raised By The Assessee, We Note That The Main Grievance Of The Assessee In

For Appellant: NoneFor Respondent: Smt. Mahita Nair (Sr. Ar. CIT)
Section 143(3)Section 249(2)

Ld.CIT(A) dismissing the appeal preferred by him on the ground that he has not filed along with the appeal, the application for condonation of delay; and therefore the Ld. CIT(A) has dismissed the appeal of the assessee. Since ground no. 1 of both the appeals ... appeal filed by the assessee on 16.08.2019. According to the grounds of the appeal of the assessee, the Ld.CIT(A) has not condoned the delay of twelve (12) days in filling the appeal, since, the original assessment order u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (herein

Dy Commissioner of Income Tax (E)-1 (1), Mumbai-400026 vs. M/S Guru Nanak Vidyak Society, Mumbai-400037

In the result, appeal filed by the Revenue is dismissed

ITA 1265/MUM/2022[2016-17]Status: DisposedITAT Mumbai19 Dec 2022AY 2016-17

Bench: Shri Kuldip Singh & Shri Gagan Goyaldy.Cit (Exemption)-1(1), 6Th Floor, Mtnl Building, Cumballa Hill Dr. Gd Deshmukh Marg, (Padder Road), Mumbai- 400026. ...... Appellant Vs. M/S Guru Nanak Vidyak Society, Ground Floor, Guru Tesh Bahadur Nagar, Sion Koliwada, Sion Koliwada, Mumbai-400037. Pan: Aaatg2095D ..... Respondent Appellant/Revenue By : Sh. Satyapal Kumar, Cit-Dr Respondent/Assessee By : Sh. Priyank Ghia & Kanu Chokshi, Ar Date Of Hearing : 22/09/2022 Date Of Pronouncement : 19/12/2022 Order Per Gagan Goyal, A.M: This Appeal By Revenue Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short ‘Nfac’] Passed Under Section 250 Of The Income Tax Act, 1961 [For Short ‘The Act’] Vide Order Dated 29.03.2022 For Assessment Year (Ay) 2016-17. The Revenue Has Raised The Following Grounds Of Appeal: “1. Whether, On The Facts & In The Circumstances Of The Case & In Law The Ld Cit(A) Erred In Allowing The Condonation For Return Of Income When Only

For Appellant: Sh. Priyank Ghia & Kanu Chokshi, ARFor Respondent: Sh. Satyapal Kumar, CIT-DR
Section 11(1)(a)Section 11(2)Section 11(3)Section 12ASection 139(4)Section 139(9)Section 143(3)Section 250Section 80G

1265/Mum/2022-M/s Guru Nanak Vidyak Society assessee had filed an affidavit with the office of the Charity Commissioner also along with an application for condonation of delay. 8. These facts had been conveyed to the AO also vide letter dated 05-12-2018. However, AO was satisfied. We further observed ... overcome this deficiency assessee has filed an application for condonation of delay in filing Form No. 10B with the Ld. Commissioner of Income Tax (Exemption) on 30-11-2018. Copy of the same was submitted with the office of AO also vide letter dated 05-12-2018. Ld. Commissioner

Shri Ramakrishnan Senthil Kumar, Chennai vs. ACIT, Non-Corporate Circle - 14, Chennai

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

ITA 754/CHNY/2022[2015-2016]Status: DisposedITAT Chennai14 Dec 2022AY 2015-2016

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.754/Chny/2022 िनधा"रण वष"/Assessment Year: 2015-16 Shri Ramakrishnan Senthil Kumar, Vs. The Assistant Commissioner Of New No. 80, Old No. 25, I Avenue, Income Tax, Ashok Nagar, Chennai 600 083. Non Corporate Circle 14, Chennai. [Pan:Ammps5348D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. Abhisek Murali, C.A. ""थ" की ओर से/Respondent By : Shri R. Mohan Reddy, Cit सुनवाई की तारीख/ Date Of Hearing : 05.12.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Chennai-3, Chennai, Dated 15.03.2021 Relevant To The Assessment Year 2015-16 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Dr. Abhisek Murali, C.AFor Respondent: Shri R. Mohan Reddy, CIT
Section 263

filing the appeal before the Tribunal. In the form of an affidavit, 2 I.T.A. No. 754/Chny/22 the assessee has filed petition for condonation of delay, wherein, following submissions were made: “1. I am the assessee and am well acquainted with the facts of the case. 2. I state that ... neither willful nor wanton but only due to the aforesaid bonafide reasons. 6. It is therefore prayed that your good self may please condone the delay of 472 days in filing the appeal and the appeal may be taken up and disposed off on merits and thus render justice

Senthilmurugan Jewellers Pvt. Ltd., Madurai vs. DCIT, Corporate Circle-2, Madurai

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

ITA 768/CHNY/2020[2014-15]Status: DisposedITAT Chennai14 Dec 2022AY 2014-15

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.768/Chny/2020 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Senthil Murugan Jewellers Vs. The Deputy Commissioner Of Pvt. Ltd., 106, 107 & 108, South Income Tax, Avani Moola Street, Madurai 625 001. Corporate Circle 2, [Pan:Aajcs8546F] Madurai 625 002. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, C.A. ""थ" की ओर से/Respondent By : Shri R. Mohan Reddy, Cit सुनवाई की तारीख/ Date Of Hearing : 05.12.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Madurai-1, Madurai, Dated 31.03.2019 Relevant To The Assessment Year 2014-15 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri T. Banusekar, C.AFor Respondent: Shri R. Mohan Reddy, CIT
Section 143(3)Section 263

days delay in filing the appeal before the Tribunal. In the form of an affidavit, the assessee has filed petition for condonation of delay, wherein, following submissions were made: 2 I.T.A. No. 768/Chny/20 “1. That I am competent to swear to this affidavit. 2. That I am well acquainted with ... filed an affidavit dated 29.10.2022. Since, there is reasonable cause for the delay, the ld. Counsel for the assessee prayed for condoning the delay by relying upon the judgement of Hon’ble Supreme Court in the case of Collector, Land Acquisition vs. MST. Katiji