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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

C-2480 Elayangaram Paccs, Tirupattur vs. ITO, Tirupathur

In the result, appeal of the Assessee stands partly allowed for statistical purpose

ITA 4037/CHNY/2025[2018-19]Status: DisposedITAT Chennai11 Mar 2026AY 2018-19

Bench: Shri George George K, Vice- & Shri Inturi Rama Raoआयकर अपील सं. / Ita No.4037/Chny/2025 "नधा"रण वष" / Assessment Year: 2018-19 C-2480 Elayanagaram Assessment Unit, Primary Agricultural V Nfac, Income Tax Cooperative Credit Society, S. Department, Elayanagaram, Tirupattur. Ito-Che-W- Pan: Aahfc7142G (146)(2), Chennai. Appellant Respondent Assessee By Mr. Shyam Sundar – Ca Revenue By Ms. V Awasthay – Jcit Date Of Hearing 17/02/2026 Date Of Pronouncement 11/03/2026 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)[Nfac] Delhi [‘The Cit(A)’] Passed Under Section 250 Of The Income Tax Act

Section 115BSection 139(1)Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69Section 80P(2)(a)

appeal before the ld.CIT(A) with a delay of 164 days. The appellant also filed a petition before the ld.CIT(A) seeking the condonation of delay on the ground that the delay had occurred on account of the fact that the appellant was unaware of the assessment order ... perused the material available on records. The issue that arises for reconsideration is 7 whether the ld.CIT(A) was justified in refusing the condonation of delay of 164 days in presenting appeal before him. There is no dispute that appellant that there was delay in filing the appeal before ld.CIT

Rupesh Singh, Dehradun vs. Additional/Joint/Deputy/Assistant Commissioner of Income Tax, Dehradun

In the result, appeal of the assessee stands allowed for statistical purposes

ITA 29/DDN/2026[2020-21]Status: DisposedITAT Dehradun10 Mar 2026AY 2020-21

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2020-21] Rupesh Singh Vs Dcit Old Post Office Road Dehradun Banjarawala, Kedarwala Uttarakhand Ajabpur, Dehradun Uttarakhand Pan-Bcfps3008C Appellant Respondent Appellant By Shri Prashant Kochhar, Ca Respondent By Shri Amar Pal Singh, Sr.Dr Date Of Hearing 10.03.2026 Date Of Pronouncement 10.03.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 23.09.2025 By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 06.01.20225 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2020-21. 2. From The Perusal Of The Appellate Order, It Is Found That Ld. Cit(A) Has Not Admitted The Appeal As It Was Filed Delay By 50 Days Before The Ld. Cit(A). The Reasons Given In Delay Condonation Petition Was That Due To Ill Health Of The Previous Counsel, Delay Was Occurred In Searching & Appointing New Counsel. It Is Further Claimed That Assessee Is Unaware Of Any Communication, Notice & The Proceedings Initiated By The Department. Thus, Due To These Reasons, The Appeal Was Filed Delayed Before The Ld. Cit(A) By 50 Days. The Reason Being Sufficient, Therefore, It Was Prayed Before The Ld. Cit(A) To Condone The Delay & Decide The Appeal On Merits. It Is Further Observed That Despite Of Several Notices, Assessee Has Failed To Make Any Compliance Before The Ld. Cit(A).

Section 147Section 250

delayed before the Ld. CIT(A) by 50 days. The reason being sufficient, therefore, it was prayed before the Ld. CIT(A) to condone the delay and decide the appeal on merits. It is further observed that despite of several notices, assessee has failed to make any compliance before ... Under these circumstances, we find that the reason given by the assessee for delay has sufficient cause for condonation of delay in filing the appeal before the Ld. CIT(A) therefore the same is hereby condoned. Regarding merits of the appeal, it is observed AO has not made any compliance