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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

S B Electro Structural, Bhubaneswar vs. Principal Commissioner of Income Tax, Bhubaneswar

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 226/CTK/2025[2018-19]Status: DisposedITAT Cuttack05 Dec 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.226/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2018-2019) S B Electro Structural Vs Pr.Cit, Bhubaneswar 111, Ground Floor, Saheed Nagar, Bhubaneswasr-751007 Pan No. : Ablfs 8537 Q (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri B.K.Mahapatra, Ar राज"व क" ओर से /Revenue By : Shri Ashim Kumar Chakraborty, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 05/12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 05/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Pr.Cit, Bhubaneswar-1, Dated 29.03.2024 For The Assessment Year 2018-2019. 2. The Appeal Of The Assessee Is Delayed By 311 Days. In This Regard, The Assessee Has Filed Condonation Application Along With Affidavit For Condonation Of Delay Stating Therein Sufficient Reasons, Which Are Not Found To Be False. Accordingly, The Delay Of 311 Days In The Appeal Of The Assessee Is Condoned & The Appeal Is Admitted For Hearing. 3. At The Time Of Hearing, It Was Pointed Out To The Ld. Ar That In Para 3.2 Of The Order Of The Ld. Pr.Cit Has Specifically Mentioned For Non-

For Appellant: Shri B.K.Mahapatra, ARFor Respondent: Shri Ashim Kumar Chakraborty, CIT-DR

appeal of the assessee is delayed by 311 days. In this regard, the assessee has filed condonation application along with affidavit for condonation of delay stating therein sufficient reasons, which are not found to be false. Accordingly, the delay of 311 days in the appeal of the assessee is condoned

Cocoon Foundation, Ahmedabad vs. The CIT(Exemption), Ahmedabad

ITA 1522/AHD/2025[NA]Status: DisposedITAT Ahmedabad05 Dec 2025

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1522/Ahd/2025 िनधा"रण वष" /Assessment Year : - Cocoon Foundation The Cit(Exemption) बनाम/ Nr. Bhagvan Nagar Tekra, Ahmedabad – 380 015 V/S. Paldi, Ahmedabad – 380 007 "थायी लेखा सं./Pan: Aaatc 9124 H (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Ganesh R. Pawar, Ar Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 30/09/2025 घोषणा की तारीख /Date Of Pronouncement: 05/12/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Exemption), Ahmedabad [Hereinafter Referred To As ‘Cit(E)’] Dated 23/08/2024. 2. The Assessee, In This Appeal, Is Aggrieved By The Action Of The Ld.Cit(E) In Rejecting The Application Of The Assessee For Final/Regular Registration Under Sub-Clause (Iii) Of Clause (Ac) Of Sub-Section (1) Of Section 12A Of The Act. Cocoon Foundation Vs. Cit (E)

For Appellant: Shri Ganesh R. Pawar, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 12Section 12A

Cocoon Foundation vs. CIT (E) 2 3. The appeal of the assessee is time-barred by 274 days. A separate application for condonation of delay has been filed. 4. We have heard the rival contentions of the Ld. Representatives of the parties and gone through the record

Damodaram Suresh, Gobichettipalayam vs. ITO, Ward 1(1), Erode

In the result, the appeal of the assessee is dismissed

ITA 2715/CHNY/2024[2017-18]Status: DisposedITAT Chennai05 Dec 2025AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble S.R. Raghunathaआयकर अपील सं./ Ita No.2715/Chny/2024 ननिाारण वर्ा /Assessment Year: 2017-18 Damodaran Suresh, The Income Tax Officer, Prop. Sumy Electronic, Vs. Ward-1(1), No.52, Main Road, Erode. Gobichettipalayam Tamil Nadu - 638 452. [Pan: Aijps3460M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.Girish Kumar, Advocate प्रत्यर्थी की ओर से /Respondent By : Mr.Bipin, C.N, Cit सुनवाई की तारीख/Date Of Hearing : 08.09.2025 घोर्णा की तारीख /Date Of Pronouncement : 05.12.2025 आदेश / O R D E R Per Manu Kumar Giri (): The Captioned Appeal Filed By The Assessee Is Directed Against Order Of The Ld. Principal Commissioner Of Income Tax, Coimbatore-1 [Pcit] Dated 09.02.2024 For Assessment Year 2017-18. 2. There Is A Delay Of 198 Days In Filing This Appeal. The Assessee Has Filed Petition Along With Affidavit For Condonation Of Delay Stating Damodaram Suresh :- 2 -: Therein The Reasons For Belated Filing Of The Appeal. On Perusal Of The Aforesaid Reasons In The Condonation Application, We Are Of The View That There Is Sufficient Cause For Belated Filing Of This Appeal. Hence, We Condone The Delay In Filing This Appeal & Proceed To Dispose Of The Appeals On Merits.

For Appellant: Mr.Girish Kumar, AdvocateFor Respondent: Mr.Bipin, C.N, CIT
Section 143(3)Section 263Section 4Section 40A(3)

There is a delay of 198 days in filing this appeal. The assessee has filed petition along with affidavit for condonation of delay stating Damodaram Suresh :- 2 -: therein the reasons for belated filing of the appeal. On perusal of the aforesaid reasons in the condonation application ... view that there is sufficient cause for belated filing of this appeal. Hence, we condone the delay in filing this appeal and proceed to dispose of the appeals on merits. 3. Brief facts of the case are as under: The assessee filed the return of income

Ramita Chaudhuri, Haryana vs. Income Tax Officer-Ward 69(1), Delhi

The appeal of the assessee is partly allowed for statistical purposes

ITA 4392/DEL/2025[2021-22]Status: DisposedITAT Delhi05 Dec 2025AY 2021-22

Bench: Shri Mahavir Singh & Shri Manish Agarwalincome Tax Officer, Ramita Chaudhuri, Ward-69(1), Block C-1, Flat No.1002, Vs. Delhi. The Legend, Sector-57, Gurgaon. Pan-Aappc4405P (Appellant) (Respondent) Assessee By Shri Anil Sethi, Ca Department By Shri Krishna Kumar Ramawat, Sr. Dr Date Of Hearing 03/12/2025 Date Of Pronouncement 05/12/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Gwalior (‘Ld. Cit(A)’ In Short), Dated 18.03.2025 In Appeal No. Nfac/2020-21/10197234 For Assessment Year 2021-22. 2. From The Perusal Of The Record, It Is Seen That Filing The Appeal Is Delayed By 55 Days, For Which Condonation Application Is Filed. In The Said Application, It Is Stated That When The Order Of Ld. Cit(A) Was Served Upon The Assessee She Was Residing Abroad In Madrid, Spain & Was Not In India. She Returned To India On 20Th June, 2025 From Span. Due To This Reason, The Delay Of 55 Days Was Occurred In Filing The Appeal Before The Tribunal. The Assessee Also Filed An Affidavit In Support Of The Ramita Chaudhuri Vs. Ito Averments Made In The Application For Condonation Of Delay. Considering The Facts & Explanation Given In The Application, We Find That Assessee Has Been Able To Demonstrate That There Is Reasonable Cause In Filing The Appeal Delayed. Considering These Facts, We Condoned The Delay & Admit The Appeal For Adjudication On Merits.

before the Tribunal. The assessee also filed an affidavit in support of the Ramita Chaudhuri vs. ITO averments made in the application for condonation of delay. Considering the facts and explanation given in the application, we find that assessee has been able to demonstrate that there is reasonable cause ... filing the appeal delayed. Considering these facts, we condoned the delay and admit the appeal for adjudication on merits. 3. Heard both the parties and perused the materials available on record. The sole issue in this appeal is with respect to not allowing the TDS credit of Rs.22