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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

Pankaj Manohar Pardhi, Navi Mumbai vs. Income Tax Officer, Ward 42(3)(1), Mumbai

In the result, assessee’s appeal is allowed for statistical purposes

ITA 6591/MUM/2025[2016-17]Status: DisposedITAT Mumbai09 Dec 2025AY 2016-17

Bench: Shri Narender Kumar Choudhry & Shri Bijayananda Prusethassessment Year: 2016-17 Pankaj Manohar Pardhi, Income Tax Officer, B-502, Yash Paradise, Sector 8, Vs. Ward 42 (3)(1), Airoli, Navi Mumbai-400708. Kautilya Bhavan, Mumbai - 400051 (Appellant) (Respondent) Present For: Assessee By : None Revenue By : Shri Virabhadra Mahajan, Ld. Sr. D.R. Date Of Hearing : 09.12.2025 Date Of Pronouncement : 09.12.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 12.12.2023, 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. 2016-17. 2. At The Outset, It Is Observed That There Is Delay Of 168 Days In Filing The Instant Appeal, On Which The Assessee By Filing A Duly Sworn Affidavit Dated 13-09-2025 Has Claimed That The Assessee Has Shifted To Dubai & Thus For The Last Many Years Is Not Residing In India. However, During The Recent Trip In India, The Assessee Became Aware About The Ongoing Appeal Proceedings & Passing Of The Impugned Order & Therefore, The Delay Of 168 Days Has Been Occurred, Which Was Neither Intentional Nor Mala-Fide But Because Of The Aforesaid Reasons.

For Appellant: NoneFor Respondent: Shri Virabhadra Mahajan, Ld. SR. D.R
Section 14Section 147Section 250Section 251Section 251(1)(a)Section 69

assessee. 2 Pankaj Manohar Pardhi 4. We have given thoughtful consideration to the peculiar facts and circumstances, specific with regard to the condonation of delay and the reasons cited for the same, which prima facie appears to be genuine, bonafide, plausible and unintentional and therefore, we are inclined to condone