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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

DCIT, Central Circle-4(3), Kolkata vs. Ishana Projects Private Limited, Kolkata

In the result, both appeals of the revenue are dismissed

ITA 1774/KOL/2025[2015-16]Status: DisposedITAT Kolkata30 Dec 2025AY 2015-16

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.1774 & 1775/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2015-2016 & 2016-2017) Dcit, Central Circle-4(3), Vs Ishana Projects Private Limited, Kolkata 4, Block 1 Unit 7(O), Chowringhee Lane, Park Street, Kolkata-700016 Pan No. :Aahcm 4897 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By Shri Manish Rastogi, Advocate रधजस्व की ओर से /Revenue By : Shri Subrata Aich, Jcit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 30/12/2025 घोषणा की तारीख/Date Of Pronouncement : 30/12/2025 आदेश / O R D E R Per Bench : These Two Appeals Are Filed By The Revenue Against The Separate Orders Of The Ld. Cit(Appeals), Kolkata-27, Both Dated 15.04.2025 For The Assessment Years 2015-2016 & 2016-2017. 2. Both Appeals Of The Revenue Are Filed Belatedly By 05 Days Each. In This Regard, The Revenue Has Filed Affidavit In Both The Appeals Stating Therein Sufficient Reasons For Condonation Of Delay. Considering Facts & Circumstances Of The Case & The Reasons Stated In The Affidavit, We Condone The Delay Of 05 Days Each In Both The Appeals Of The Revenue & Both The Appeals Are Admitted For Hearing. 3. It Was Submitted By The Ld. Sr.Dr That The Assessee Being Energy Commodity Private Limited Was Involved In Sale Of Bogus Investments. It Was Submission That Consequently Reopening Had Been Done By Issuance Of Notice 148 Of The Act On 10/01/2024 & The Reasons Were Recorded & In The Assessee’S Paper Book At Pages 146 To 167 Which Reads As Follows:-

For Respondent: Shri Subrata Aich, JCIT-Sr.DR
Section 143(3)Section 148

filed belatedly by 05 days each. In this regard, the revenue has filed affidavit in both the appeals stating therein sufficient reasons for condonation of delay. Considering facts and circumstances of the case and the reasons stated in the affidavit, we condone the delay of 05 days each in both

Jagathesh, Chennai vs. ACIT, Ncc-1(1), Chennai

In the result the appeal of the assessee in ITA No

ITA 1566/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Dec 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1565/Chny/2025 ननिाजरण वर्ज / Assessment Year: 2017-18 Jagathesh, Acit, Flat 2A, Block V, Vs. Non- Corporate Circle - 11(1), Rani Meyammai Towers, Chennai. Mrc Nagar, Raja Annamalai Puram, Chennai – 600 028. [Pan:Aclpj-4702-H] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) आयकर अपील सं./Ita No.:1566/Chny/2025 ननिाजरण वर्ज / Assessment Year: 2017-18 Jagathesh, Acit, Flat 2A, Block V, Vs. Non- Corporate Circle - 11(1), Rani Meyammai Towers, Chennai. Mrc Nagar, Raja Annamalai Puram, Chennai – 600 028. [Pan:Aclpj-4702-H] (अपीलाथी/Appellant) (प्रत्यथी/Respondent)

For Appellant: Shri. D. Anand, Advocate &For Respondent: Shri. ARV Sreenivasan, CIT
Section 115BSection 133ASection 147Section 148Section 148ASection 183Section 197Section 271ASection 69A

ld.CIT(A), NFAC. The said appeal was however filed with a delay of 677 days. The appeal was accompanied by a petition to condone the delay in the form of an affidavit from the assessee, filed before the ld.CIT(A). 8. The main reason given for the delay in filing ... were bright chances of getting relief from the appellate authorities. Accordingly, I have decided to file the appeal belatedly with the petition for condonation of delay 8. In view of the above, the delay in filing this appeal is on account of wrong advice given by the Chartered Accountant

Jagathesh, Chennai vs. Aacit, Ncc-11(1), Chennai

In the result the appeal of the assessee in ITA No

ITA 1565/CHNY/2025[2017-18]Status: DisposedITAT Chennai30 Dec 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1565/Chny/2025 ननिाजरण वर्ज / Assessment Year: 2017-18 Jagathesh, Acit, Flat 2A, Block V, Vs. Non- Corporate Circle - 11(1), Rani Meyammai Towers, Chennai. Mrc Nagar, Raja Annamalai Puram, Chennai – 600 028. [Pan:Aclpj-4702-H] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) आयकर अपील सं./Ita No.:1566/Chny/2025 ननिाजरण वर्ज / Assessment Year: 2017-18 Jagathesh, Acit, Flat 2A, Block V, Vs. Non- Corporate Circle - 11(1), Rani Meyammai Towers, Chennai. Mrc Nagar, Raja Annamalai Puram, Chennai – 600 028. [Pan:Aclpj-4702-H] (अपीलाथी/Appellant) (प्रत्यथी/Respondent)

For Appellant: Shri. D. Anand, Advocate &For Respondent: Shri. ARV Sreenivasan, CIT
Section 115BSection 133ASection 147Section 148Section 148ASection 183Section 197Section 271ASection 69A

ld.CIT(A), NFAC. The said appeal was however filed with a delay of 677 days. The appeal was accompanied by a petition to condone the delay in the form of an affidavit from the assessee, filed before the ld.CIT(A). 8. The main reason given for the delay in filing ... were bright chances of getting relief from the appellate authorities. Accordingly, I have decided to file the appeal belatedly with the petition for condonation of delay 8. In view of the above, the delay in filing this appeal is on account of wrong advice given by the Chartered Accountant

Lalitadevi Giriraj Kishore Malpani, Mumbai vs. ITO Ward 41(4)(2), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 5023/MUM/2025[2015 - 16]Status: DisposedITAT Mumbai30 Dec 2025

Bench: Shri Narender Kumar Choudhryassessment Year : 2015-16 Lalitadevi Giriraj Kishore Income Tax Officer, Malpani, Ward-41(4)(2), 502, 5Th Floor,Sea View Chs, Vs. R.No. 116,Kautilya Bhawan, Near Ram Mandir Temple, C-41 To C-43,G Block, Bkc, Bangur Nagar,Goregaon (W), Bandra (E), Mumbai-400090. Mumbai-400051. Pan : Aadpm9211C (Appellant) (Respondent) For Assessee : Shri Ajay Daga , Ld. Ld. Ar For Revenue : Shri Vikas Chandra, Ld. Sr.Dr Date Of Hearing : 10-11-2025 Date Of Pronouncement : 30-12-2025 O R D E R This Appeal Has Been Preferred By The Assessee Againstthe Order Dated 28-06-2024 Impugned Herein Passed By The Addl/Jcit(A)-6, Kolkata/Ld. Commissioner Of Income Tax (In Short “Ld.Commissioner”) U/S. 250 Of The Income Tax Act, 1961 (In Short „The Act‟) For The Ay. 2015-16. 2 2. At The Outset It Is Observed That There Is A Delay Of 346 Days In Filing The Instant Appeal On Which The Assessee Has Claimed As Under:

For Appellant: Shri Ajay Daga , Ld. Ld. ARFor Respondent: Shri Vikas Chandra, Ld. Sr.DR
Section 143(3)Section 250Section 271(1)(c)

delay of 346 days in filing the instant appeal on which the assessee has claimed as under: “This is an application for condonation of delay in filing the appeal for the facts and circumstances as set out herein: 1. The Applicant had filed an appeal to the ld. Addl/Jt.CIT, NFAC ... first respond to the letter dt.04.08.2025 of the VU and then to file appeal before the Hon. ITAT immediately with an application for condonation of delay. 7. Accordingly the appeal is now being filed which is belated by 346 days. The impugned appeal is thus delayed on account

Mrs. Deepali Vikki Ajmera, Mulund vs. ITO Ward 27(1)(1), Mumbai, Navi Mumbai

In the result, appeal filed by the Assessee is allowed

ITA 4981/MUM/2025[2020-21]Status: DisposedITAT Mumbai30 Dec 2025AY 2020-21

Bench: Shri Narender Kumar Choudhryassessment Year: 2020-21 Mrs. Deepali Vikki Ajmera, Ito Ward 27 (1) (1), 5Th Floor, Prem Ratna Building, Tower 6, Vashi Station Ambedkar, Road Opp. Balaji Vs. Complex, Navi Mumbai – Temple, Mulund West, Mumbai 400703. – 400080. Pan – Agvps 7279 Q (Appellant) (Respondent) Present For: Assessee By : Shri Piyush Bafna, Ca (Virtually Appear) Revenue By : Shri A.M.K. Mahadevan, Sr. D.R. Date Of Hearing : 19.11.2025 Date Of Pronouncement : 30.12.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 30.08.2024, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2020-21. 2. At The Outset, It Is Observed That There Is A Delay Of 281 Days In Filing The Instant Appeal, On Which The Assessee Has Claimed As Under :- Affidavit For Condonation Of Delay 1, Mrs. Deepali Vikki Ajmera, Age About 45 Years, Residing At 5Th Floor, Prem Ratna Building, Ambedkar Road, Opp Balaji Temple

For Appellant: Shri Piyush Bafna, CAFor Respondent: Shri A.M.K. Mahadevan, SR. D.R
Section 250

that there is a delay of 281 days in filing the instant appeal, on which the Assessee has claimed as under :- AFFIDAVIT FOR CONDONATION OF DELAY 1, Mrs. Deepali Vikki Ajmera, age about 45 years, residing at 5th Floor, Prem Ratna Building, Ambedkar Road, Opp Balaji Temple, 2 Mrs. Deepali ... above appeal, and I am fully conversant with the facts of the case and competent to swear this affidavit for seeking condonation of delay in filing the appeal before the Hon'ble Income Tax Appellate Tribunal. 3. That in the case of my husband, Shri Vikky Ajmera, for the same