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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

M/S Opto Circuits India Ltd, Bangalore vs. Deputty Commissioner of Income Tax Circle-5(1)(2), Bangalore

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

ITA 1315/BANG/2017[2011-12]Status: DisposedITAT Bangalore28 Sept 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.1315/Bang/2017 : Asst.Year 2011-2012 M/S.Opto Circuits India Limited The Deputy Commissioner Of No.38, Electronic City Road Income-Tax, Circle 5(1)(2) V. Bangalore – 560 100. Bangalore. Pan : Aaaco2165P. (Appellant) (Respondent) Appellant By : Sri.Shiva Prasad Reddy, Itp Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 28.09.2022 Date Of Hearing : 28.09.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 06.01.2016 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2011-2012. 2. There Is A Delay Of 171 Days In Filing This Appeal Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Along With An Affidavit Of Managing Director Of The Assessee, Stating Therein The Reasons For Belated Filing Of This Appeal. On Perusal Of The Reasons Stated, We Find That The Assessee By Mistake Had Filed An Appeal Before The Cit(A) (As Against The Final Assessment Order) & On Realizing The Mistake, Immediately The Assessee Filed Appeal Before The Tribunal. We Find There Is A Reasonable Cause For Belated Filing

For Appellant: Sri.Shiva Prasad Reddy, ITPFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 144C(15)(b)Section 92C

There is a delay of 171 days in filing this appeal before the Tribunal. The assessee has filed a petition for condonation of delay along with an affidavit of Managing Director of the assessee, stating therein the reasons for belated filing of this appeal. On perusal of the reasons stated ... filing 2 IT(TP)A No.1315/Bang/2017. M/s.Opto Circuits India Limited. of this appeal on the facts and circumstances of the case. Therefore, we condone the delay in filing this appeal and proceeded to dispose of the matter on merits. 3. The brief facts of the case are as follows

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

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

ITA 72/CHNY/2021[2017-18]Status: DisposedITAT Chennai21 Sept 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

appeals filed by the assessee are delayed by 130 days in filing the appeal before the Tribunal. By filing a petition for condonation of delay in the form of an Affidavit explaining the reasons for the delay due to outbreak of Covid-19 and the same is well within ... Taxation and other Laws (Relaxation and Amendment of Certain provisions) Act, 2020 dated 29.09.2020, the ld. Counsel for the assessee has prayed for condoning the delay and admitting the appeals for adjudication. The ld. DR has not seriously object to the submissions of the ld. Counsel. Since the assessee

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

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

ITA 71/CHNY/2021[2016-17]Status: DisposedITAT Chennai21 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

appeals filed by the assessee are delayed by 130 days in filing the appeal before the Tribunal. By filing a petition for condonation of delay in the form of an Affidavit explaining the reasons for the delay due to outbreak of Covid-19 and the same is well within ... Taxation and other Laws (Relaxation and Amendment of Certain provisions) Act, 2020 dated 29.09.2020, the ld. Counsel for the assessee has prayed for condoning the delay and admitting the appeals for adjudication. The ld. DR has not seriously object to the submissions of the ld. Counsel. Since the assessee

C.Jebamani, Chennai vs. ITO, Non Corp Ward 11(4), Chennai

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

ITA 157/CHNY/2021[2015-16]Status: DisposedITAT Chennai21 Sept 2022AY 2015-16

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.157/Chny/2021 िनधा"रण वष" /Assessment Year: 2015-16 V. Mr.C.Jebamani, The Income Tax Officer, 62/1, Peters Road, Non-Corporate Ward-11(4), Royapettah, Chennai. Chennai. [Pan: Acnpj 6400 G] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.T.Vasudevan, Adv. ""यथ" क" ओर से /Respondent By : Mr.M.Rajan, Cit सुनवाई क" तारीख/Date Of Hearing : 14.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 21.09.2022

For Respondent: Mr.M.Rajan, CIT
Section 143(3)Section 263

relevant to assessment year 2015-16. 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 could not file appeal within the time allowed under ... therefore, delay may be condoned. Having heard both sides and considered the petition filed Mr.C.Jebamani :: 2 :: 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 under reasonable cause

Smt. Kamala, Pondicherry vs. ITO, Ward-4, Podicherry

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

ITA 2616/CHNY/2019[2011-12]Status: DisposedITAT Chennai21 Sept 2022AY 2011-12

Bench: Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.2616/Chny/2019 िनधा"रण वष" /Assessment Year: 2011-12 Smt.Kamala, V. The Income Tax Officer, No.50, 4Th Cross Street, Ward-4, Anna Nagar, Nellithope, Pondicherry. Pondicherry [Pan: Brjpk 7757 D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.G. Aniesh, Adv. ""थ" की ओर से /Respondent By : Mr.N.Sanjay Gandhi, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 12.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022

For Appellant: Mr.G. Aniesh, AdvFor Respondent: Mr.N.Sanjay Gandhi, Addl.CIT
Section 144Section 147Section 148Section 69A

pertains to assessment year 2011-12. 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 could not file appeal within the time allowed under ... 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 Smt.Kamala :: 2 :: allowed under the Act, comes under reasonable cause

Madras Lamps Private Limited, Chennai vs. ITO Corporate Ward 4(1), Chennai

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

ITA 2055/CHNY/2018[2012-13]Status: DisposedITAT Chennai21 Sept 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.2055/Chny/2018 िनधा"रण वष"/Assessment Year: 2012-13 Madras Lamps Private Limited Vs. The Income Tax Officer, (In Liquidation), Corporate Ward 4(1), The Office Of Official Liquidator, 29, Chennai. Corporate Bhavan, Rajaji Salai, Chennai 600 001. [Pan:Aahcm3410G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Parthasarathy, Ca ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 14.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 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) 8, Chennai, Dated 18.01.2018 Relevant To The Assessment Year 2012-13. 2. The Appeal Filed By The Assessee Is Delayed By 91 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit, The Official Liquidator Has Explained The Reasons For The Delay. By Referring To The Condonation Petition, The Ld. Counsel For The Assessee Has Prayed For Condoning The Delay Against Which, The Ld.

For Appellant: Shri S. Parthasarathy, CAFor Respondent: Shri G. Johnson, Addl. CIT

appeal filed by the assessee is delayed by 91 days in filing the appeal before the Tribunal. By filing a petition for condonation of delay in the form of an Affidavit, the Official Liquidator has explained the reasons for the delay. By referring to the condonation petition, the ld. Counsel ... assessee has prayed for condoning the delay against which, the ld. 2 I.T.A. No.2055/Chny/18 DR has not objected to the submissions of the ld. Counsel. In view of the above, the delay is condoned. 3. When the appeal was taken up for hearing, by filing an application dated 14.09.2022 towards