Affidavit for Condonation of Delay in Filing an Appeal Against a Sales Tax Assessment Order (India) by OLL

Open Legal LibraryUpdated 19 Oct 2026

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Affidavit For Condonation Of Delay In Filing

The Appeal ………….

Before …………………………………

___________________________.

In the matter of……………………………………………….……………. for the Assessment Year _________.

Affidavit of Mr. …………………………………………………………………… aged about ___ years

S/o Mr…………………………..………………………... Resi ______________________________________.

1. I, the above named deponent, am the proprietor of the firm above named and hence is fully conversant of the facts deposed below:

2. That the deponent received assessment order on ____________________.

3. That appeal was to be filed by ________________________________.

4. That deponent fell ill on ___________ and was under the treatment of Dr. ……………………..……………. who advised complete rest upto __________.

5. That the deponent filed the appeal on ______________________________ alongwith medical certificate.

6. That in this way there is a delay of only …………….… days for which an application under Section 5 of the Limitation Act has been filed alongwith memorandum of appeal.

7. That delay in filing the appeal is because of illness of the deponent for which deponent cannot be held responsible.

Deponent

VERIFICATION

I, A, the above named deponent do hereby verify that the contents of this memorandum of appeal from paras 1 to 7 are true to the best of my knowledge and belief.

Dated……………….

Deponent

This is a legal affidavit used to request the court to excuse a delay in filing an appeal against a sales tax assessment order. It allows an individual to explain that circumstances, such as illness, prevented them from meeting the original filing deadline under the Limitation Act.

About this template

What is this template?

This is a sworn statement of facts specifically for Indian tax proceedings. It is not a memorandum of appeal itself, but a supporting document used to justify a breach of filing deadlines.

When should you use it?

Use this when a sales tax assessment order was received but the appeal deadline passed because of the taxpayer's illness. Use a standard Affidavit of Service instead if you are proving delivery of documents.

What's inside

ClauseNameWhat it does
1Deponent's IdentityIdentifies the deponent as the proprietor of the firm who is fully conversant with the facts of the assessment.
4Period of IllnessStates the specific date the deponent fell ill and the period of rest advised by a named doctor.
6Limitation Act ApplicationConfirms the filing of an application under Section 5 of the Limitation Act alongside the memorandum of appeal.
VERIFICATIONVerificationThe deponent verifies that the contents of paragraphs 1 to 7 are true to their best knowledge and belief.

Who it's for

  • a proprietor in India seeking to file a late sales tax appeal due to medical reasons
  • an appellant needing to explain a specific number of days of delay under the Limitation Act

How long it runs and how it's signed

How long
Used once
Signed by
Deponent
Witness
Not required
Notarisation
Required
Also needed
stamp duty payable; notarial seal

Law it's drafted under

Refers to
Section 5 of the Limitation Act
Jurisdiction
India
Document info
MS Word. Document created on Fri Jun 26th, 2026. Last updated on Mon Oct 19th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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