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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

Damodar Mangalji & Company Limited, Panaji vs. Assistant Commissioner of Income Tax, Circle - 1(1), Panaji

Appeals stands DISMISSED

ITA 35/PAN/2025[2014-15]Status: DisposedITAT Panaji18 Dec 2025AY 2014-15

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 034 & 035/Pan/2025 Assessment Year : 2011-12 & 2014-15 Damodar Mangalji & Company Ltd. Damodar Niwas, 1St Floor, Mc Road, Panaji, Goa-403001. Pan : Aaacd6880G . . . . . . . Appellant V/S Jt./Asstt. Commissioner Of Income Tax, Range-1/Circle-1(1), Goa. . . . . . . . Respondent Appearances Assessee By : Adv Rahul Sarda [‘Ld. Ar’] Revenue By : Mr M Satish [‘Ld. Dr’] Date Of Conclusive Hearing : 20/11/2025 Date Of Pronouncement : 18/12/2025 Order Per G. D. Padmahshali; The Captioned Twin Appeals Of Assessee Instituted U/S 253(1) Of The Income-Tax Act, 1961 [‘The Act’] Are Directed Against Separate Din & Order 1070138041(1) Dt. 08/11/2024 & 1070321994(1) Dt. 13/11/2024 Passed U/S 250 Of The Act By National Faceless Appeal Centre, Delhi [‘Ld. Nfac/Cit(A)’] Which Sprang From Assessment Orders Passed U/S 143(3) Of The Act Anent To Assessment Years 2011-12 & 2014-15 [‘Ay’].

For Appellant: Adv Rahul Sarda [‘Ld. AR’]For Respondent: Mr M Satish [‘Ld. DR’]
Section 143(1)Section 143(3)Section 14ASection 250Section 253(1)Section 253(3)Section 37(1)Section 40(1)(i)

appellant & material available on record. 10. Insofar as delay in filing is concerned; the appellant filed separate applications dt. 06/02/2025 seeking condonation of delay, wherein it has claimed that much of the delay is attributable to its consultant Mr Mehul Shah’s attempt to co-ordinate with CA Vipul Shah ... Thus, the sum and substance of objection of the respondent is twofold that; (i) the reasons stated in seeking condonation of delay and behind non prosecution of appeals are prima-facie flimsy, without any evidence and they not only lack bonafide, but are with much less imputables

Damodar Mangalji & Company Limited, Panaji vs. The Joint Commissioner of Income Tax, Range - 1, Panaji

Appeals stands DISMISSED

ITA 34/PAN/2025[2011-12]Status: DisposedITAT Panaji18 Dec 2025AY 2011-12

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 034 & 035/Pan/2025 Assessment Year : 2011-12 & 2014-15 Damodar Mangalji & Company Ltd. Damodar Niwas, 1St Floor, Mc Road, Panaji, Goa-403001. Pan : Aaacd6880G . . . . . . . Appellant V/S Jt./Asstt. Commissioner Of Income Tax, Range-1/Circle-1(1), Goa. . . . . . . . Respondent Appearances Assessee By : Adv Rahul Sarda [‘Ld. Ar’] Revenue By : Mr M Satish [‘Ld. Dr’] Date Of Conclusive Hearing : 20/11/2025 Date Of Pronouncement : 18/12/2025 Order Per G. D. Padmahshali; The Captioned Twin Appeals Of Assessee Instituted U/S 253(1) Of The Income-Tax Act, 1961 [‘The Act’] Are Directed Against Separate Din & Order 1070138041(1) Dt. 08/11/2024 & 1070321994(1) Dt. 13/11/2024 Passed U/S 250 Of The Act By National Faceless Appeal Centre, Delhi [‘Ld. Nfac/Cit(A)’] Which Sprang From Assessment Orders Passed U/S 143(3) Of The Act Anent To Assessment Years 2011-12 & 2014-15 [‘Ay’].

For Appellant: Adv Rahul Sarda [‘Ld. AR’]For Respondent: Mr M Satish [‘Ld. DR’]
Section 143(1)Section 143(3)Section 14ASection 250Section 253(1)Section 253(3)Section 37(1)Section 40(1)(i)

appellant & material available on record. 10. Insofar as delay in filing is concerned; the appellant filed separate applications dt. 06/02/2025 seeking condonation of delay, wherein it has claimed that much of the delay is attributable to its consultant Mr Mehul Shah’s attempt to co-ordinate with CA Vipul Shah ... Thus, the sum and substance of objection of the respondent is twofold that; (i) the reasons stated in seeking condonation of delay and behind non prosecution of appeals are prima-facie flimsy, without any evidence and they not only lack bonafide, but are with much less imputables

Prasanna Shrikant Patankar, Satara vs. ITO WD No - 04, Satara

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1692/PUN/2025[2015-16]Status: DisposedITAT Pune18 Dec 2025AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1692/Pun/2025 निर्धारण वषा / Assessment Year: 2015-16 Prasanna Shrikant Patankar, V The Income Tax Officer, No.35, Raviwar Peth, Azad S Ward-4, Satara. Chowk, Karad, Satara – 415110. Maharashtra. Pan: Alypp1014A Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Harshit Bari – Addl.Cit(Virtual) Date Of Hearing 16/12/2025 Date Of Pronouncement 18/12/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2015-16 Dated 29.05.2025 Emanating From Penalty Order U/S.271(1)(C) Dated 19.09.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. That, On The Facts & Circumstances Of The Case, The Order Of The Ld. Cit(A), Nfac In Dismissing The Appeal Filed By The Appellant Is Arbitrary, Erroneous, Contrary To Law & Is Opposed To The Principles Of Natural Justice, Equity & Fair Play

Section 250Section 271(1)(c)

misdirected himself in dismissing the appeal preferred by the appellant without appreciating the judgments passed by various courts in regard to the condonation of delay in filing the said appeal 7. That, having regards to the facts and circumstances of the case and in law, the Ld. CIT (A), NFAC ... from penalty order under section 271(1)(c) is also set-aside to ld.CIT(A) for denovo adjudication. We direct ld.CIT(A) to condone the delay and decide the appeal on merits. Ld.CIT(A) shall provide opportunity of hearing. Assessee shall file necessary details before the ld.CIT(A). Accordingly, grounds

DCIT, Central Circle-4(3), Kolkata vs. Ashok Kumar Kayan, Kolkata

In the result, the appeal of the revenue is allowed for statistical purposes

ITA 1757/KOL/2025[2010-11]Status: DisposedITAT Kolkata18 Dec 2025AY 2010-11

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2010-11 Dcit, Central Circle-4(3), Kolkata……...…………….……….……….……Appellant Vs. Ashok Kumar Kayan……………………………………….....……...…..…..Respondent 1, R N Mukherjee Road, Dalhousie, Kol-1.. [Pan: Alkpk2298K] Appearances By: Pradeep Dung Dung, Sr. Dr, Appeared On Behalf Of The Appellant. Miraj D Shah, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2025 Date Of Pronouncing The Order : December 18, 2025 Order Per Pradip Kumar Choubey: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 23.07.2024 Of The Cit(A)-27, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Appeal Has Been Filed By The Revenue With A Delay Of 04 Days. The Revenue Has Filed A Petition For Condonation Of The Delay. After Considering The Reasons Cited In The Petition For Condonation Of Delay, We Find That The Reasons Are Valid & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 139(1)Section 147Section 148Section 250Section 68

days. The revenue has filed a petition for condonation of the delay. After considering the reasons cited in the petition for condonation of delay, we find that the reasons are valid and consequently, the delay in filing the appeal is hereby condoned and we proceed to dispose of the appeal

Kalavathy Nagarajan, Tiruvarur vs. ACIT, Circle-2(1), Trichy

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

ITA 2832/CHNY/2025[2019-20]Status: DisposedITAT Chennai18 Dec 2025AY 2019-20

Bench: Shri George George K & Shri Inturi Rama Raoआयकर अपील सं./Ita No.: 2832/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 Smt. Kalavathy Nagarajan, The Assistant Commissioner 33, T Agraharam, Vs. Of Income Tax, Tiruvarur H.O., Circle 2(1), Vijayapuram, Trichy. Tiruvarur – 610 001. Pan: Aktpk 3586A (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri J. Saravanan, Advocate ""यथ" क" ओर से/Respondent By : Ms. R. Anitha, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 18.12.2025 घोषणा क" तारीख/Date Of Pronouncement : 18.12.2025

For Appellant: Shri J. Saravanan, AdvocateFor Respondent: Ms. R. Anitha, Addl.CIT
Section 250

reasonable cause for condoning the same. 3. On perusing the order of FAA, we noted that the assessee had not filed application for condonation of delay before the FAA along with the appeal but in Form 35 stated the reasons for seeking condonation of delay. The FAA had issued various ... notices and letters asking the assessee to furnish the reasons for condonation of delay with supporting evidences. The assessee had filed a letter stating the reasons for delay along with evidences. The reasons stated by the assessee was that (i) despite providing the required documents to her consultant for filing