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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

Mohd Mustak, Lucknow vs. Income Tax Officer 6 (2), Lucknow

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

ITA 428/LKW/2024[2017-18]Status: DisposedITAT Lucknow28 Nov 2025AY 2017-18

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.428/Lkw/2024 ननिाारण वर्ा/ Assessment Year: 2017-17 Mohd Mustak V. Income Tax Officer-6(2) 55K/342, Azad Nagar, Chander Pratyaksh Kar Bhawan, 57, Ram Tirath Marg, Uttar Nagar, Geetapalli, Alambagh, Pradesh-226001. Uttar Pradesh-226005. Pan:Avvpm2127L अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Akhilesh Kumar Srivastava, Advocate प्रत्यर्थी कक और से /Respondent By: Shri Puneet Kumar, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 03 11 2025 घोर्णा कक तारीख/ Date Of 28 11 2025 Pronouncement:

For Appellant: Shri Akhilesh Kumar SrivastavaFor Respondent: Shri Puneet Kumar, CIT(DR)

above accounts are enclosed.” 2. The present appeal is barred by limitation for 160 days. The assessee has filed application seeking condonation of delay on the ground of medical exigency. The Ld. Counsel for the assessee reiterated the submissions as made in the application seeking condonation of delay. He contended ... Supreme Court in the case of Collector of Land Acquisition Vs. MST. Katiji & Ors 167 ITR 471 (SC) hereby condone the delay and admit the appeal for hearing on merits. 5. Apropos to the grounds of appeal, the Ld. Counsel for the assessee contended that the authorities below have grossly

Dr Pamod Eknathrao Jadhav, Aurangabad vs. ITO, Ward-1(6), Aurangabad

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

ITA 2381/PUN/2025[2017-18]Status: DisposedITAT Pune28 Nov 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2381/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Dr. Pramod Eknathrao Vs. Ito, Ward-1(6), Jadhav, Aurangabad. Row House No.1, Samarth Heritage, Opp. Marathwada Sanskrity Mandal Khadkeshwar, Aurangabad- 431001. Pan : Adfpj4882K Appellant Respondent Assessee By : Shri Pratikh Jha Revenue By : Shri Umesh Phade Date Of Hearing : 26.11.2025 Date Of Pronouncement : 28.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.06.2025 Passed By Ld. Addl./Jcit(A)-1, Gurugram [‘Ld. Cit(A)’] For The Assessment Year 2017-18. 2. There Is Delay In Filing Of The Present Appeal. We Are Satisfied

For Appellant: Shri Pratikh JhaFor Respondent: Shri Umesh Phade
Section 10(1)Section 143(2)Section 143(3)Section 250Section 69A

There is delay in filing of the present appeal. We are satisfied 2 with the reasons mentioned in the application for condonation of delay duly supported by an affidavit that the applicant was prevented by sufficient cause for not filing the appeal within the prescribed time limit. After hearing ... condone the delay and proceed to adjudicate the appeal. 3. The appellant has raised the following grounds of appeal :- “1. General Ground: The order passed by the Learned Commissioner of Income Tax (Appeals) [CIT(A)] u/s 250 of the Income Tax Act, 1961 is bad in law, contrary to facts

Vikram Digvijay Kapadia L/H Late Shri. Digvijay Babubhai Kapadia, Nashik vs. ACIT Circle 1, Nashik

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

ITA 1730/PUN/2025[2018-19]Status: DisposedITAT Pune28 Nov 2025AY 2018-19

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकरअपऩलसं. / Ita No.1730/Pun/2025 निर्धारणवषा / Assessment Year: 2018-19 Vikram Digvijay Kapadia V Acit, Legal Heir Of Late Shri S. Circle-1, Nashik. Digvijay Babubhai Kapadia, Babubhai House, Kulkarni Colony, Sharanpur Road, Nashik – 422002. Maharashtra. Pan: Afzpk8616E Appellant/ Assessee Respondent / Revenue Assessee By Ca Chinmayy Pathak – (Virtual) Revenue By Smt. Saumya Pandey Jain- Addl.Cit(Dr) Date Of Hearing 18/11/2025 Date Of Pronouncement 28/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed Legal Heir Mr.Vikram Digvijay Kapadia Of Late Shri Digvijay Babubhai Kapadia Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2018-19 On 10.04.2024 Emanating From Assessment Order U/S.143(3) Dated

Section 10Section 10(34)Section 10(35)Section 143(3)Section 250

Delay of 381 days in filing appeal before this Tribunal. Mr.Vikram Digvijay Kapadia Legal Heir of Shri Digvijay Babubhai Kapadia filed Affidavit for condonation of delay. We have perused the Affidavit and are convinced that there is reasonable and sufficient cause for the delay. Hence, Delay is condoned. Order pronounced

Mr. Abdul Munaf Irfanudeen, Chennai vs. DCIT, Central Circle-1(4), Chennai

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 2519/CHNY/2025[2021-22]Status: DisposedITAT Chennai28 Nov 2025AY 2021-22

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 2513, 2514, 2515, 2516, 2517, 2518 & 2519/Chny/2025 िनधा"रण वष"/Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19, 2019-20, 2020-21 & 2021-22 Shri Abdul Munaf Irfanudeen, The Deputy Commissioner No.42, Maraikayar Street-Ii Floor, Vs. Of Income Tax, Near Annai Ayesha Mahal, Central Circle – 1(4), Chennai – 600 001. Chennai. Pan: Aawpi 0038G (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri B. Ramakrishnan, Fca & Shri Shrenik Chordia, Ca ""यथ" क" ओर से/Respondent By : Shri Shiva Srinivas, Cit सुनवाई क" तारीख/Date Of Hearing : 26.11.2025 घोषणा क" तारीख/Date Of Pronouncement : 28.11.2025

For Appellant: Shri B. Ramakrishnan, FCA &For Respondent: Shri Shiva Srinivas, CIT
Section 139Section 208Section 249(4)Section 249(4)(b)Section 250

based on the assessed income instead of admitted income. Ground No.3 relates to the issue that the CIT(A) has erred in not condoning the delay in filing the appeals before him despite sufficient cause and reasons stated in the petition for condonation of delay. The other grounds namely Ground ... assessment year 2015-16 dismissing the appeals in limine read as follows:- “5.3 Before considering the request to condone the delay in filing of appeals as well as adjudication the case on merits, the appellant has not satisfied the conditions specified u/s 249(4). Section 249(4) lays down