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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

Siddhanath Chemicals India Pvt Ltd., Mumbai vs. ITO 15(3)(3), Mumbai

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

ITA 810/MUM/2020[2012-13]Status: DisposedITAT Mumbai07 Jan 2022AY 2012-13

Bench: Shri Prashant Maharshi & Shri Pavan Kumar Gadalesiddhanath Chemicals Vs. Ito – 15(3)(3) India Pvt Ltd Aayakar Bhavan Silver Birch, Vasant Mumbai – 400020 Garden, Near Swapna Nagari, Mulund West, Mumbai – 400080. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafcs5278N Appellant .. Respondent Appellant By : None Respondent By : Mr.Vivek Upadhay. Dr Date Of Hearing 10.01.2022 Date Of Pronouncement 12.01.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-24, Mumbai Passed U/S 143(3) R.W.S 147 & 250 Of The Act.

For Appellant: NoneFor Respondent: Mr.Vivek Upadhay. DR
Section 143(1)Section 143(3)Section 147Section 148oSection 69A

delay of 26 days in filing of the appeal by the assessee with the Honble Tribunal. The assessee has filed an application for condonation of delay along with the affidavit mentioning the reasonable cause. We are satisfied with the sufficient cause of Siddhanath Chemicals India P ltd, Mumbai. delay which ... neither willful nor wanton and the Ld.DR has no serious objections. Accordingly, we condoned the delay and admit the appeal. 3. The Brief facts of the case are that, the assessee is engaged in the business of production of ethanol.The assessee has filed the return of income