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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

Visvesvaraya Technological University, Belgaum vs. CIT, Bangalore

ITA 8/BANG/2016[N.A.]Status: DisposedITAT Bangalore25 Nov 2022

Bench: Shri.Chandra Poojari & Smt. Beena Pillaiassessment Year : N.A. Visvesvaraya Technological University, The Commissioner Of Jnana Ganga Campus, Vs. Income-Tax (Exemptions), Belagavi. Bengaluru. Pan : Aaajv 0064 F Appellant Respondent : Shri. M.V. Seshachala, Sr. Standing Assessee By Counsel & Shri Shiva Prasad Reddy, I.T.P Revenue By : Shri Dilip, Standing Counsel Date Of Hearing : 15.09.2022 Date Of Pronouncement : 25.11.2022 O R D E R Per Beena Pillaipresent Appeal Arises Out Of Order Dated 28/01/2021, Passed By Hon’Ble Karnataka High Court In Ita No.825/2018. Brief Facts Of The Case Are As Under: 2. In The First Round Of Appeal The Assessee Raised Following Grounds Before This Tribunal Against Order Passed By The Ld.Cit(E), Dated 08/12/2015: 1. The Impugned Order Passed By The Learned Commissioner Of Income- Tax (Exemptions), Bengaluru [Hereinafter Referred To As The Cit(E)] Under Section 12A Of Income-Tax Act, 1961 (Hereinafter Referred To As The I-T Act), To The Extent It Is Not Retrospective In Effect, Is Arbitrary, Erroneous, Unreasonable & Opposed To The Facts & Circumstances Of The Case & The Law.

For Respondent: Shri. M.V. Seshachala, Sr. Standing
Section 10(23)(C)Section 12ASection 12A(1)(a)Section 80G

Bengal Infrastructure Development reported at 334 ITR 269 and Concorde of India Insurance Co. Ltd., Vs. Smt. Nirmala Devi 118 ITR 507 that condonation of delay should be allowed where public interest is involved. 15.Turning to the facts of the case, we find that assessee has moved an application ... inception of the University as the delay in filing of the application was only 1 month and 25 days for which request for condonation of delay was moved. Therefore, we set aside the order of CIT and direct him to grant registration w.e.f. 01.04.1998. Accordingly, the appeal of the assessee

Chandre Gowda, Bangalore vs. Income Tax Officer, Ward-6(2)(2), Bangalore

In the result, appeal of the assessee is dismissed as unadmitted

ITA 29/BANG/2022[2014-15]Status: DisposedITAT Bangalore23 Nov 2022AY 2014-15

Bench: Shri N. V. Vasudevanassessment Year : 2014-15 Shri. Chandre Gowda, Vs. Cit (Appeals) - 7, No.655, Unnathi, 2Nd Cross, Hmt Bengaluru. Layout, R. T. Nagar, Bengaluru – 560 032. Pan : Adnpg 8890 J Appellant Respondent Assessee By : Shri. Balram R. Rao, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 23.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Cit(A)-7, Bengaluru, Dated 12.10.2017, Relating To Assessment Year 2014- 15. 2. There Is A Delay Of About 1501 Days In Filing The Above Appeal By The Assessee. The Order Of The Cit(A) Was Passed On 12.10.2017. Appeal Before The Tribunal Has To Be Filed Within 60 Days From The Date Of Service Of The Order Of Cit(A). In Form 36, The Assessee Has Given The Date Of Service Of Communication Of The Order As 11.10.2017 Which Is Obviously Not Correct. The Correct Date As Given In The Affidavit Filed By The Assessee For Condonation Of Delay In Filing The Appeal Is 09.12.2017 As The Date Of Service Of The Order Of The Cit(A) On The Assessee. We, Therefore, Proceed Under The Assumption That The Date Of Order Is The Date Of Service Of The Order On The Assessee. The Assessee Ought To Have Filed The Appeal Before The Page 2 Of 4

For Appellant: Shri. Balram R. Rao, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel

order as 11.10.2017 which is obviously not correct. The correct date as given in the affidavit filed by the assessee for condonation of delay in filing the appeal is 09.12.2017 as the date of service of the order of the CIT(A) on the assessee. We, therefore, proceed under ... change of Chartered Accountants. 4. Learned Counsel for the assessee reiterated the plea of the assessee as contained in the affidavit for condonation of delay. Learned DR opposed the prayer of the assessee for condoning delay in filing the appeal and brought to our notice the decision

Shri. Arvind Mangilal Jain, Bengaluru vs. Income-Tax, Officer, Ward-5(1)(3), Bengaluru

In the result, appeal of the assessee is dismissed as unadmitted

ITA 180/BANG/2022[2015-16]Status: DisposedITAT Bangalore23 Nov 2022AY 2015-16

Bench: Shri N. V. Vasudevanassessment Year : 2015-16 Shri. Arvind Mangilal Jain, Vs. The Ito, No.11, 1St Floor, Chinnu Building, D S Ward – 5(1)(3), Lane, Chickpet, Bengaluru. Bengaluru – 560 002. Pan : Acopj 3142 L Appellant Respondent Assessee By : Shri. Balram R. Rao, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 23.11.2022 O R D E R This Is An Appeal By The Assessee Against The Order Of The Cit(A)-5, Bengaluru, Dated 26.06.2018, Relating To Assessment Year 2015-16. 2. There Is A Delay Of About 582 Days In Filing The Appeal By The Assessee. It Has Been Stated In The Affidavit Filed By The Assessee For Condonation Of Delay In Filing The Appeal That The Assessee Entrusted The Filing Of Appeal Before Cit(A) Against The Order Of Assessment Dated 22.12.2017 To Chartered Accountant (Ca) With Instructions To File The Appeal. The Affidavit Is Silent With Regard To The Date On Which The Papers Were Handed Over To The Ca. It Appears That The Assessee Did Not Contact The Ca Till The Ao Contacted The Assessee In January 2022 For Recovery Of Outstanding Demand & When He Informed That The Assessee That The Assessee’S Appeal Before Cit(A) Has Been Dismissed. Thereafter The Page 2 Of 3

For Appellant: Shri. Balram R. Rao, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel

about 582 days in filing the appeal by the assessee. It has been stated in the affidavit filed by the assessee for condonation of delay in filing the appeal that the assessee entrusted the filing of appeal before CIT(A) against the Order of Assessment dated 22.12.2017 to Chartered Accountant ... came to be dismissed. Thereafter, the assessee contacted the present Advocate in February 2022 and filed the appeal along with an application for condonation of delay. It is in these circumstances that the assessee has prayed that the delay in filing the appeal should be condoned. 3. Learned Counsel

Kundha Agri Farms, Chennai vs. ITO Ncw 1(4), Chennai

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

ITA 110/CHNY/2021[2015-16]Status: DisposedITAT Chennai18 Nov 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.110/Chny/2021 िनधा"रण वष"/Assessment Year: 2015-16 M/S. Kundha Agri Farms, Vs. The Income Tax Officer, New No. 18, Old No. 80, Bazulla Road, Non Corporate Ward I(4), T. Nagar, Chennai 600 017. Chennai. [Pan:Aajfk7950J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 15.11.2022 घोषणा की तारीख /Date Of Pronouncement : 18.11.2022 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) 2, Chennai Dated 25.03.2019 Relevant To The Assessment Year 2015-16. 2. The Appeal Filed By The Assessee Was Delayed By 694 Days In Filing The Appeal Before The Tribunal. Despite Defect Notice Was Issued Through Rpad, The Assessee Has Not Filed Petition For Condonation Of Delay In Support Of An Affidavit In Filing The Appeal Before The Tribunal. Since The Defect Was Not Rectified, The Appeal Filed By The Assessee Is Not 2

For Appellant: NoneFor Respondent: Shri P. Sajit Kumar, JCIT

days in filing the appeal before the Tribunal. Despite defect notice was issued through RPAD, the assessee has not filed petition for condonation of delay in support of an affidavit in filing the appeal before the Tribunal. Since the defect was not rectified, the appeal filed by the assessee

Fourrts (India Labs Pvt. Ltd., Chennai vs. ACIT (OSD) Corporate Circle 2, Chennai

In the result, the appeal filed by the assessee is partly allowed

ITA 1176/CHNY/2018[2014-15]Status: DisposedITAT Chennai18 Nov 2022AY 2014-15

Bench: Shri Mahavir Singh & Shri G. Manjunathaआयकर अपील सं./Ita No.: 1176/Chny/2018 िनधा"रण वष" / Assessment Year: 2014-15 Fourrts (India) Labs Pvt. Ltd., Assistant Commissioner Of Plot No.1, Annai Indira Nagar, V. Income Tax (Osd), Okkiyam Thoraipakkam, Corporate Range -2, Chennai – 600 097. Chennai. [Pan: Aaacf-0467-F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. R.S. Devaguru, Advocate : Shri. P.M. Senthil Kumar, Jcit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 14.11.2022 घोषणा क" तारीख/Date Of Pronouncement : 18.11.2022 आदेश /O R D E R

For Appellant: Shri. R.S. Devaguru, Advocate
Section 115Section 32Section 35(2)

assessee submitted that the appeals filed by the assessee is time barred by 06 days for which necessary petition for condonation of delay along with affidavit explaining the reasons for the delay has been filed. The AR further submitted that the assessee could not file appeals within the time allowed ... interest of advancement of substantial justice. :-4-: ITA. No:1176 /Chny/2018 4. The learned DR, on the other hand, strongly opposing condonation of delay petition filed by the assessee submitted that the reasons given by the assessee do not come within the ambit of reasonable and bonafide reasons, which

Hasu Exporters, Mumbai vs. Pr. Comm of Income Tax-17, Mumbai

In the result, it is held that the initiation of proceedings under section 263 on the issue of LTCG is bad and uncalled for

ITA 1441/MUM/2022[2017-18]Status: DisposedITAT Mumbai15 Nov 2022AY 2017-18

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalehasu Exporters Vs. Pr. Cit-17 Room No. 39, 1St Floor Room No. 120, 1St 94, Kansara Chawl, Floor, Kautilya Kalbadevi Road, Bhavan, C-41 To 43, G Mumbai – 400002. Block, Bkc, Bandra (E), Mumbai – 400051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfh7119J Appellant .. Respondent Appellant By : Shri. Himanshu Gandhi.Ar Respondent By : Smt.Madhumalti Ghosh.Cit Dr Date Of Hearing 14.11.2022 Date Of Pronouncement 24.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed By The Pr. Commissioner Of Income Tax(Pr.Cit) -17, Mumbai Passed U/S 263 Of The Act.

For Appellant: Shri. Himanshu Gandhi.ARFor Respondent: Smt.Madhumalti Ghosh.CIT DR
Section 1Section 142(1)Section 143(3)Section 263

assessee submitted that there is a delay in filing the appeal before the Hon’ble Tribunal and filed an affidavit for condonation of delay and relied on the Hasu Exporters, Mumbai. decision of Hon’ble Supreme Court. We found the facts mentioned in the affidavit are reasonable ... specific objections. Accordingly, we condone the delay and admit the appeal. The assessee has raised the following grounds of appeal: 1. The Ld. CIT erred in passing the order under section 263 of the Act, in spite of the fact that the assessment order was neither erroneous nor prejudicial