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Search Results for Tag : Condonation

Top Story

CBDT empowers Chief Commissioners and Directors General of income tax to condone delay in ITR-filing by Co-Operative Societies(26.07.2023)

In order to mitigate genuine hardship, Central Board of Direct Taxes directs that the Chief Commissionersof Income tax (CCIT) / Directors General of i.....

Tags : Delay, Condonation, Authority



Notifications & Circulars

Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10A(01.11.2022)

1. On consideration of difficulties reported by the taxpayers and other stakeholders in the electronic filing of Form No. 10A, the Central Board of Di.....

Tags : Delay, Condonation



Relaxation in procedure for submission of installation certificate under EPCG Scheme to promote Ease of doing Business(13.07.2023)

In exercise of powers conferred under Paragraphs 1.03 and 2.04 of the Foreign Trade Policy, 2023, as amended from time to time, the Director General o.....

Tags : Condonation, Delay, Installation certificate



Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10-IC for Assessment Year 2021-22(23.10.2023)

1. In exercise of the powers conferred under section 119(2)(b) of the Income-tax Act, 1961 ('the Act'), the Central Board of Direct Taxes ('CBDT') by .....

Tags : Condonation, Delay, Form No. 10-IC



International Cases

Unexplained delay in filing application cannot be condoned(01.07.2021)

The pertinent issue in present appeal is whether condonation ought to have been granted to the Respondent, for its failure to serve on the Appellant, .....

Tags : Condonation, Grant, Legality



An applicant for condonation is required to give a full and reasonable explanation for the delay that has occurred, and explanation must cover the entire period of the delay(04.12.2023)

The Appellant was convicted in the magistrates’ court, Kimberley, of dealing in drugs in contravention of Section 5(b) of the Drugs and Drug Trafficki.....

Tags : Notice of appeal, Late filing, Condonation



Condonation applications are not a matter of formality, applicant must provide a proper explanation of the causes of the delay and explain each of the periods of delay(08.04.2024)

The Appellant was granted leave to appeal an order of the High Court. In terms of that order, the high court declared unlawful the Appellant’s demolit.....

Tags : Delay, Condonation, Entitlement



News

Kerala HC: Courts Shall Consider Relevant Aspects Like Conduct, Bonafide etc While Condoning Delay(06.05.2022)

Kerala High Court has recognized that while taking a decision on an application for condonation of delay, the court should not simply consider the rea.....

Tags : Kerala High Court, condonation of delay



Delay in Getting Signature of MD of Company, Sufficient Cause for Condonation of Delay: ITAT(26.11.2018)

Income Tax Appellate Tribunal ( ITAT ), Hyderabad, while condoning a delay of 92 days in filing Cross Objection filed by a Company, held that there wa.....

Tags : ITAT, Signature of MD, Condonation of Delay



Long Delay in Registration of FIR can be Condoned if There is No Motive for False Implication: SC(28.11.2018)

Supreme Court has observed that even a long delay in registration of First Information Report (FIR) can be condoned if the witness has no motive for f.....

Tags : Supreme Court, Registration of FIR, Condonation of Delay



ITAT, Bangalore: Shortage of Manpower on Account of Merger Sufficient for Condonation of Delay(24.03.2021)

Income Tax Appellate Tribunal, Bangalore has stated that shortage of manpower and lack of guidance/expertise in taxation, on account of merger of Stat.....

Tags : Income Tax Appellate Tribunal, Condonation of Delay



ITAT: Mistake Committed by Advocate is Reasonable Cause for Condonation of Delay(10.05.2019)

Income Tax Appellate Tribunal (ITAT) has held that the mistake committed by Advocate is a reasonable cause for condonation of delay in filing appeals.

Tags : Income Tax Appellate Tribunal, condonation of delay



Ker. HC: Affidavit Explaining Delay Sufficient When Victim Appeals Against Acquittal(23.03.2023)

Kerala High Court has held that a delay condonation petition is not required to be filed by a victim who prefers an appeal against acquittal even afte.....

Tags : Kerala High Court, Appeal, Acquittal, Condonation, Delay



AP HC: Can’t Stay Time Barred Appeal Under MV Act Without Deciding Appln for Condonation of Delay(10.07.2023)

Andhra Pradesh High Court has held that in a time barred appeal under Section 173 of Motor Vehicles Act, so long as the matter for condonation of dela.....

Tags : Andhra Pradesh High Court, Condonation of Delay, Motor Vehicle



SC: Court Must Adopt Justice Oriented Approach While Dealing With Delay Condonation Plea(28.07.2023)

Supreme Court while restoring an appeal filed after a delay of 52 days, has observed that if only the Court concerned had been sensitive to justice-or.....

Tags : Supreme Court, Condonation, Justice



P&H High Court Condones Mandatory Period of 1Yr for Filing Divorce Petition(14.09.2021)

P&H HC has granted divorce decree to a couple who had stayed together only for two days after they had gotten married. The Court has allowed the appli.....

Tags : Punjab and Haryana High Court, Condonation of Filing Divorce Petition



SC: NCLAT Has No Jurisdiction to Condone Delay Exceeding 15 Days From Period Of 30 Days(15.09.2021)

Supreme Court observed that the National Company Law Appellate Tribunal (NCLAT) has no jurisdiction to condone the delay exceeding 15 days from the pe.....

Tags : Supreme Court, National Company Law Appellate Tribunal, Condonation of Delay



Supreme Court: Routine Explanation not Sufficient for Condonation of Delay(24.12.2019)

Supreme Court has noted that in condonation of delay, routine explanation is not sufficient, but a reasonable and acceptable explanation is very much .....

Tags : Supreme Court, Condonation of Delay



Govt. Extends Condonation of Delay Scheme, 2018 Upto 30th April(31.03.2018)

Ministry of Corporate Affairs has extended the Condonation of Delay Scheme (CODS) 2018 upto 30th April, 2018. The MCA has introduced this scheme givin.....

Tags : Ministry of Corporate Affairs, Condonation of Delay Scheme



All. HC: Commercial Tax Tribunal’s Order Upheld, Court Condones 1365 Days Delay on Sufficient Cause(29.01.2024)

Allahabad High Court while upholding the condonation of delay of 1365 days by the Commercial Tax Tribunal in filing of appeal has held that it is the .....

Tags : Allahabad High Court, Commercial Tax Tribunal, Condonation of Delay



ITAT, Pune: Income Tax Act, 1961 Has No Provisions to Condone Delay in Filing Misc. Applications(25.03.2020)

Income Tax Appellate Tribunal (ITAT), Pune, while dismissing a bunch of miscellaneous applications, has held that the Income Tax Act, 1961 does not ha.....

Tags : Income Tax Appellate Tribunal, Condonation of Delay in Filing Miscellaneous Applications.



Karnataka High Court Condones Delay Of 6 Years In Filing Revised ITR(08.03.2022)

Karnataka High Court while condoning the delay of 6 years in filing revised ITR has observed that AO can't take advantage of Assessee's ignorance to c.....

Tags : Karnataka High Court , Condonation of Delay



Gau. HC: If Delay in Filing Matri. Appeal Not Satisfactorily Expl., Bar Against Remarriage Not Applic(14.06.2024)

Gauhati High Court while dismissing an application seeking condonation of delay in preferring a matrimonial appeal that challenged an ex-parte divorce.....

Tags : Gauhati High Court, Condonation of Delay, Matrimonial Appeal



Bombay HC Denies to Condone Delay of Eight Years(24.08.2016)

Bombay HC, while rejecting petition filed by husband, seeking condonation of delay of 8 years in challenging a maintenance order passed by Bandra fami.....

Tags : Bombay HC , condonation of delay



Supreme Court: Illegal for a Stranger to File Condonation of Delay Application(10.05.2024)

SC held that entertaining an application filed at behest of a stranger for condonation of delay in filing an application for restoration of subject su.....

Tags : Supreme Court, Condonation of Delay, Stranger



Principles of Condonation of Delay Explained by Supreme Court(10.04.2024)

SC has laid down certain principles of condonation of delay which include that merits of the case are not required to be considered in condoning the d.....

Tags : Supreme Court, Condonation of Delay, Principles



Judgments

When a decree or order is of High Court and an appeal is to be filled in same court, period of limitation is of 30 days from date of decree or order(09.03.2017)

Appeal has been filed challenging judgment passed by a Single Judge whereby the arbitral award passed by sole arbitrator was upheld. Along with said a.....

Tags : Delay, Condonation, Sufficient cause



Even if a party successfully shows sufficient cause, still party is not entitled for condonation of delay as a matter of right(15.11.2018)

The present revision petition has been filed against the order passed by State Commission in First Appeal. Alongwith this revision petition, an applic.....

Tags : Delay, Condonation, Grant



Failure of a lawyer in taking timely steps, which resulted in causing delay in its filing/refiling, cannot be regarded as a sufficient cause to condone the delay(12.03.2019)

In the facts of present case, the Respondent filed a civil suit against the Appellants (HUDA) claiming a decree for declaration with consequential rel.....

Tags : Delay, Condonation, Entitlement



If the cause of delay as explained by Assessee is found to be factually correct then, laps on part of Assessee cannot be a ground for rejecting condonation of delay(20.07.2020)

Present appeal by the Assessee is directed against the order of the Commissioner of Income Tax (Appeal) (CIT(A)), Jaipur. There is delay of 349 days i.....

Tags : Assessment, Delay, Condonation



Multiple matrimonial/penal proceedings launched by daughter-in- law against Assessee's entire family is a sufficient reason beyond assessee’s control and sufficient to condone the delay(29.01.2021)

Appellant by filing the present appeal sought to set aside the impugned order passed by the Commissioner of Income-tax (Appeals), Delhi qua the assess.....

Tags : Assessment, Additions, Delay, Condonation



Consumer fora has no jurisdiction to accept the written statement beyond the period of 45 days(11.02.2021)

The Petitioners have preferred the present special leave petition against the impugned order passed by the National Consumer Disputes Redressal Commis.....

Tags : Written statement, Delay, Condonation



Huge delay cannot be condoned under Section 61 of the I and B Code(22.02.2021)

In facts of present case, impugned order has been passed by the Adjudicating Authority (National Company Law Tribunal) dismissing Appellant's applicat.....

Tags : Delay, Condonation, Entitlement



Any delay beyond the extended period of thirty days after expiry of normal period of sixty days, cannot be condoned(01.04.2021)

Present appeal is directed against the order passed by the Commissioner of Customs (Appeals), by which the appeal filed to assail the order passed by .....

Tags : Delay, Condonation, Entitlement



In the absence of an application seeking condonation of delay, the written statement could not be taken on record(12.10.2021)

The present petition was filed impugning the order of the District Judge (Commercial), dismissing of the application of the Petitioner/defendant under.....

Tags : Delay, Condonation, Eligibility



Section 5 of Limitation Act shall not be applicable to the appeal against the order of Recovery Officer(24.11.2021)

The original respondent has preferred the present appeal dissatisfied with the impugned judgment passed by the High Court by which the High Court has .....

Tags : Applicability, Provision, Delay, Condonation



Extension of limitation will not be applicable in circumstances where the Defendant was not prevented from filing written statement(17.12.2021)

Present order will dispose of the application filed by the Defendants under Order VIII Rule 1 read with Section 151 of Code of Civil Procedure, 1908 (.....

Tags : Delay, Condonation, Written statement



Rescue under the provision is for bona fide litigious activity(25.07.2016)

In instant case, Appellant was aggrieved by order of Additional District Judge allowing Respondent’s application under Section 14 of Limitation Act, .....

Tags : Delay, Condonation, bona fide litigious activity



Ignorance of law is not an excuse(08.04.2022)

Present miscellaneous application has been filed by the assessee under Section 254(2) of the Income Tax Act, 1961 (IT Act) against the Tribunal order .....

Tags : Delay, Condonation



Word "sufficient cause" should receive a liberal consideration, when delay is not on account of any dilatory tactics(22.04.2022)

Applicant, who is a promoter, has moved present application for condonation of delay of 36 days in filing appeal on the ground that due to surge of se.....

Tags : Delay, Sufficient cause, Condonation



Delay should not be permitted to defeat the rights of a person to approach the Court of law(25.07.2022)

The petition challenges the order passed by University and College Tribunal, whereby the application of the petitioner seeking condonation of delay of.....

Tags : Delay, Condonation, Sufficient cause



When an application filed within the time prescribed, the question of condonation of delay in re-filing have to be considered by Court in context of the explanation given for the delay(09.01.2023)

An application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the Petitioner for condonation of delay of 85 days i.....

Tags : Refiling, Delay, Condonation



Delay beyond extended period of 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitution(28.03.2023)

Present appeal is against the order which has been filed alongwith an application in which the Appellant/Applicant has prayed for condonation of delay.....

Tags : Time period, Delay, Condonation



Benefit of period requisite for filing certified copy can be claimed by an Applicant only when certified copy is applied before the expiry of limitation period(11.04.2023)

Present Application has been filed praying for condonation of delay in filing the Appeal. This Appeal under Section 61 of the Insolvency and Bankruptc.....

Tags : Certified copy, Time period, Condonation



Limitation to file an appeal is only upto 45 days out of which the period of fifteen days can be used for the purpose of extension of period of limitation on assigning sufficient cause(12.05.2023)

The present appeal has been filed by 'Cloud9 Apartment Owner Association' who did not file the appeal within the statutory period of 30 days plus 15 d.....

Tags : Statutory period, Delay, Condonation



Tenant could not be penalized for the Advocate's default(21.09.2017)

The Plaintiff filed the present suit on 22nd November, 2013 claiming a decree for recovery of khas possession of the suit premises, decree for arrear .....

Tags : Delay, Condonation, Legality



Delay can be condoned, only if, Applicant assigns a sufficient cause to the satisfaction of the Appellate Tribunal for not filing the Appeal in time prescribed(21.07.2023)

Present appeal has been filed with an Application for seeking condonation of delay of 13 days in filing the present Appeal. Counsel for the Applicant .....

Tags : Delay, Condonation, Sufficient cause



Delay can’t be condoned, when a party is found to be negligent, or have not acted diligently or remained inactive(31.07.2023)

The Appellant/original defendant has challenged the order passed by learned District Judge. The Appellant had filed an application under section 5 of .....

Tags : Delay, Condonation, Refusal



Discretionary power of a court to condone delay must be exercised judiciously and it is not to be exercised in cases where there is gross negligence by litigant(08.04.2024)

The Appellant before present Court has challenged the order passed by the High Court, by which the petition filed by the Appellant under Article 227 o.....

Tags : Delay, Condonation, Discretionary power



NCLAT is empowered to condone the delay upto a period of 45 days(18.09.2020)

The Appellants have come up with the present appeals, challenging an order passed by the National Company Law Appellate Tribunal (‘NCLAT’) dismissing .....

Tags : Prescribed period, Delay, Condonation



If the delay is properly explained and no third party rights are being affected, the writ court under Article 226 of the Constitution may condone the delay(06.11.2020)

The Appellant is aggrieved by indefinite order of blacklisting. The High Court dismissed the writ petition in limine, only on the ground of delay, as .....

Tags : Blacklisting order, Legality, Delay, Condonation



Section 17 of Limitation Act does not come into play, when limitation is prescribed for an Appeal(17.01.2023)

The Appellant who is Maharashtra State Electricity Distribution Company Ltd. has filed present Appeal challenging the order of the Adjudicating Author.....

Tags : Delay, Condonation



Appellate Tribunal has the jurisdiction to extend the period of 15 days, if it is satisfied that there is a sufficient cause for not filing the appeal within the prescribed time(28.03.2023)

Present appeal is filed by an ex-director of the Corporate Debtor against the order passed by the Adjudicating Authority (National Company Law Tribuna.....

Tags : Delay, Condonation, Grant



Right to appeal being a statutory right, Defendant cannot be deprived of same merely on ground that, application to set aside ex-parte order was earlier dismissed(21.11.2019)

Present appeal arises out of the impugned order passed by the High Court by which the High Court has refused to condone the delay of 546 days in filin.....

Tags : Delay, Condonation, Ex-parte decree



Delay beyond 15 days cannot be condoned in any manner(01.11.2023)

Present appeal is filed along with an application seeking condonation of delay of 15 days in filing of the appeal. The impugned order was passed on 23.....

Tags : Delay, Condonation, Entitlement



Court shall not set aside the decree on mere irregularity in service of summons(21.05.2018)

The Petitioners are the Defendants 3 to 5 and 7 and 8 and the Respondent is the Plaintiff in the suit. The suit was filed for the realisation of Rs. 9.....

Tags : Ex-parte decree, Delay, Condonation



Entertaining an application filed at the behest of a stranger for condonation of delay is unsustainable in law(08.05.2024)

The present appeal challenges the judgment passed by the High Court, whereby the High Court dismissed the revision application filed by the Appellants.....

Tags : Delay, Condonation, Legality



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