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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

Mrtc India Pvt Ltd, Puri vs. Deputy Commissioner of Income Tax Circle(1), Bhubaneswar

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

ITA 575/CTK/2025[2013-14]Status: DisposedITAT Cuttack04 Dec 2025AY 2013-14

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.575/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2013-14) Mrtc India Pvt Ltd., Ground Floor, Vs Dy. Commissioner Of Income Tax, Nabakalebar Road, Puri-752002 Circle-1(1), Bhubaneswar Pan No. : (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri K.K.Bal, Adv राज"व क" ओर से /Revenue By : Shri Vijaya Singh, Ld Sr Dr सुनवाई क" तार"ख / Date Of Hearing : 4 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 4 /12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 25.3.2025 Passed By Ld Cit(A), Nfac, Delhi In Appeal No.Cit(A), Bhubaneswar- 1/14728/2019-20 For The Assessment Year 2013-14. 2. Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri Vijaya Singh, Ld Sr Dr Appeared For The Revenue. 3. At The Outset, It Is Found That The Appeal Of The Assessee Is Barred By 143 Days. In This Regard, The Assessee Has Filed Condonation Petition Supported By An Affidavit Stating Sufficient Reasons For Condonation Of Delay, Which Are Plausible & Not Found To Be False. Ld.Sr. Dr Also Did Not Raise Any Serious

For Appellant: Shri K.K.Bal, AdvFor Respondent: Shri Vijaya Singh, ld Sr DR

assessee is barred by 143 days. In this regard, the assessee has filed condonation petition supported by an affidavit stating sufficient reasons for condonation of delay, which are plausible and not found to be false. Ld.Sr. DR also did not raise any serious 2 आयकर अपील सं/ITA No.575/CTK/2025 ("नधा ... रण वष" / Assessment Year : 2013-14) objection to condone the delay. Accordingly, the delay of 143 days in filing the appeal by the assessee is condoned and the appeal of the assessee is admitted for hearing. 4. It was submitted by ld AR that the ld CIT(A) has dismissed

Thebaitarani Mahila Co-Operative Limited, Bhadrak vs. Income Tax Officer, Bhadrak Ward, Bhadrak

In the result, appeal of the assessee stands allowed

ITA 356/CTK/2025[2018-19]Status: DisposedITAT Cuttack04 Dec 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.356/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2018-19) The Baitarani Mahila Co-Operative Vs Income Tax Officer, Ward-1, Bhadrak Limited, Maa Kali Nagar, Chandbali, Bhadrak-756133 Pan No. : Aabat 9505 D (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Tarun Kumar Agarwalla, Ca राज"व क" ओर से /Revenue By : Shri Vijaya Singh, Ld Sr Dr सुनवाई क" तार"ख / Date Of Hearing : 4 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 4 /12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 8.12.2024 Passed By Ld Cit(A), Nfac, Delhi In Appeal No. Nfac/2017-18/10228445 For The Assessment Year 2018-19. 2. Shri Tarun Kumar Agarwalla, Ld Ar Appeared For The Assessee & Shri Vijaya Singh, Ld Sr Dr Appeared For The Revenue. 3. At The Outset, It Is Found That The Appeal Of The Assessee Is Barred By 162 Days. In This Regard, The Assessee Has Filed Condonation Petition Supported By An Affidavit Stating Sufficient Reasons For Condonation Of Delay, Which Are Plausible & Not Found To Be False. Ld.Sr. Dr Also Did Not Raise Any Serious

For Appellant: Shri Tarun Kumar Agarwalla, CAFor Respondent: Shri Vijaya Singh, ld Sr DR
Section 148Section 148A

assessee is barred by 162 days. In this regard, the assessee has filed condonation petition supported by an affidavit stating sufficient reasons for condonation of delay, which are plausible and not found to be false. Ld.Sr. DR also did not raise any serious 2 आयकर अपील सं/ITA No.356/CTK/2025 ("नधा ... रण वष" / Assessment Year : 2018-19) objection to condone the delay. Accordingly, the delay of days in filing the appeal by the assessee is condoned and the appeal of the assessee is admitted for hearing. 4. It was submitted by ld AR that the assessee has been served with