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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

Classic Clearing & Forwarding Private Limited, Mumbai vs. Commissioner of Income Tax (A) NFAC, Delhi

In the result, appeal by assessee is allowed for statistical purposes in the terms aforesaid

ITA 1586/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 Sept 2022AY 2017-18

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 1586/मुं/2022 ("न.व. 2017-18) Classic Clearing & Forwarding Private Limited. Room No.4, 1St Floor, Khaitan Chamber, 143/145, Modi Street, Fort, Mumbai – 400 001 Pan: Aaacc-2274-K ...... अपीलाथ" /Appellant बनाम Vs. The Commissioner Of Income Tax (Appeals) Nfac, Delhi. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Himanshu Gandhi ""तवाद" "वारा/Respondent By : Shri Ravinder Sindhu सुनवाई क" "त"थ/ Date Of Hearing : 20/09/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 29/09/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A) Dated 20/04/2022 For The Assessment Year 2017-18. 2. Shri Himanshu Gandhi Appearing On Behalf Of The Assessee Submitted At The Outset That The Cit(A) Has Dismissed The Appeal Of Assessee On The Ground Of Limitation Alone. Narrating Sequence Of Events, The Ld. Authorized Representative Of The Assessee Submitted That The Assessee Had Filed Its Return

For Appellant: Shri Himanshu GandhiFor Respondent: Shri Ravinder Sindhu
Section 143(1)Section 154

Thus, taking in view the facts of case and the law expounded by Hon’ble Supreme Court in dealing with application for condonation of delay, the delay in filing of appeal by the assessee before CIT(A) is condoned. 8. The CIT(A) while dismissing the appeal has also observed

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 169/CHNY/2021[2007-08]Status: DisposedITAT Chennai28 Sept 2022AY 2007-08

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

disposed off, by this consolidated order. 2. We find that appeal filed by assessee is barred by limitation, for which, necessary petition for condonation of delay explaining the reasons for the delay, has been filed. The learned counsel submitted that assessee ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 2 :: could not file appeal ... time allowed under the Act, therefore, delay may be condoned. Having heard both sides and considered the petition filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing the appeal within the time allowed under the Act, comes

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 168/CHNY/2021[2006-07]Status: DisposedITAT Chennai28 Sept 2022AY 2006-07

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

disposed off, by this consolidated order. 2. We find that appeal filed by assessee is barred by limitation, for which, necessary petition for condonation of delay explaining the reasons for the delay, has been filed. The learned counsel submitted that assessee ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 2 :: could not file appeal ... time allowed under the Act, therefore, delay may be condoned. Having heard both sides and considered the petition filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing the appeal within the time allowed under the Act, comes

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 167/CHNY/2021[2005-06]Status: DisposedITAT Chennai28 Sept 2022AY 2005-06

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

disposed off, by this consolidated order. 2. We find that appeal filed by assessee is barred by limitation, for which, necessary petition for condonation of delay explaining the reasons for the delay, has been filed. The learned counsel submitted that assessee ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 2 :: could not file appeal ... time allowed under the Act, therefore, delay may be condoned. Having heard both sides and considered the petition filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing the appeal within the time allowed under the Act, comes

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 166/CHNY/2021[2004-05]Status: DisposedITAT Chennai28 Sept 2022AY 2004-05

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

disposed off, by this consolidated order. 2. We find that appeal filed by assessee is barred by limitation, for which, necessary petition for condonation of delay explaining the reasons for the delay, has been filed. The learned counsel submitted that assessee ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 2 :: could not file appeal ... time allowed under the Act, therefore, delay may be condoned. Having heard both sides and considered the petition filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing the appeal within the time allowed under the Act, comes

Sa Thooyamani, Coimbatore vs. DCIT, CC-1, Coimbatore

In the result, the appeals filed by the assessee are dismissed

ITA 165/CHNY/2021[2003-04]Status: DisposedITAT Chennai28 Sept 2022AY 2003-04

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.165-169/Chny/2021 िनधा"रण वष" /Assessment Years: 2003-04 To 2007-08 V. Mr.S.A.Thooyamani, The Dy. Commissioner – 64, Balasundaram Road, Of Income Tax, Near Rto Office, Central Circle-1, Coimbatore. Coimbatore. [Pan: Aagpt 1806 M] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.A.Arjunraj, Ca ""यथ" क" ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 21.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022

For Respondent: Mr.P.Sajit Kumar, JCIT
Section 132Section 133ASection 143(3)Section 153CSection 263

disposed off, by this consolidated order. 2. We find that appeal filed by assessee is barred by limitation, for which, necessary petition for condonation of delay explaining the reasons for the delay, has been filed. The learned counsel submitted that assessee ITA Nos.165-169/Chny/2021 Mr.SA Thooyamani :: 2 :: could not file appeal ... time allowed under the Act, therefore, delay may be condoned. Having heard both sides and considered the petition filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing the appeal within the time allowed under the Act, comes