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“bona fide mistake”

PenaltySection 270ASection 270A204 judgments

The decision most relied on for bona fide mistake is Price Waterhouse Coopers Pvt. Ltd. v. CIT (348 ITR 306), cited in 359 judgments on BharatTax.

Leading authorities on bona fide mistake

Price Waterhouse Coopers Pvt. Ltd. v. CIT
348 ITR 306 · 2012 · Supreme Court
359
citing judgments

Penalty under section 271(1)(c) for furnishing inaccurate particulars cannot be imposed for a mere disallowance, bona fide mistake, or inadvertent error, especially when relevant facts are disclosed in the tax audit report. The levy of penalty requires proof of intent to conceal income or furnish false particulars.

Manindra Land and Building Corpn. Ltd. v. Bhutnath Banerjee (AIR 1964 SC 1336 Mata Din v. A. Narayanan
3 SCC 545 · 1985 · Reported
116
citing judgments

When considering an application for condonation of delay, the court must examine whether the mistake causing the delay was bona fide or merely a device to cover an ulterior purpose, guiding the exercise of its discretion.

Basawaraj v. Land Acquisition Officer
14 SCC 81 · 2013 · Supreme Court
65
citing judgments

Sufficient cause for condoning delay means an adequate and non-blameworthy reason that prevented a party from acting within the prescribed time, requiring an explanation that would satisfy a cautious person. It is not an elastic concept covering long, negligent, or stale claims.

Prasanna Dugar v. CIT
70 Taxmann.com 175 · 2016 · Supreme Court
49
citing judgments

Penalty under section 271(1)(c) can be levied even if the assessee voluntarily discloses income after detection by the department or subsequent to a search, especially when the explanation provided is not bona fide or cannot be substantiated.

Mahaveer Prasad Jain v. CIT
172 ITR 331 · 1988 · High Court
48
citing judgments

A litigant should not be made to suffer adverse consequences solely due to the bona fide mistake or negligence of their counsel, and they must be provided a fair and proper opportunity to present their case on its merits.

B.A. Balasubramaniam & Bros. Co. v. CIT
116 Taxmann 842 · 2001 · Supreme Court
39
citing judgments

Where the difference between the returned and assessed income exceeds 20%, Explanation 1 to section 271(1)(c) applies, and the assessee must discharge the onus to rebut the inference of concealment.

State Bank of India v. Assistant Commissioner of Income-tax
144 Taxmann.com 131 · 2022 · Supreme Court
35
citing judgments

An assessee is required to deduct tax at source on reimbursements, even if the assessee acted under a bona fide belief that such reimbursements were exempt.

CIT v. Auric Investment & Securities Ltd.
310 ITR 121 · 2009 · High Court
33
citing judgments

Penalty under Section 271(1)(c) is not automatically warranted merely because the Assessing Officer reclassifies a business loss as a speculative loss, especially if the assessee did not conceal income or furnish inaccurate particulars. The AO's change in treatment alone does not infer concealment.

Judgments citing bona fide mistake

Gandhinagar Malayalee Samajam, Ahmedabad vs. The CIT(Exemption), Ahmedabad

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

ITA 467/AHD/2025[NA]Status: DisposedITAT Ahmedabad22 Aug 2025

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.467/Ahd/2025 िनधा"रण वष" /Assessment Year : Na Gandhinagar Malayalee The Commissioner Of Samajam, बनाम/ Income Tax(Exemption), V/S. Plot No.473/1, Ahmedabad. Sector-12/B, Gandhinagar-382016. (Gujarat) "थायी लेखा सं./Pan : Aactg1489K अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Mehul K Patel, Ar Revenue By : Shri R P Rastogi, Sr-Dr सुनवाई की तारीख/Date Of Hearing : 20/08/2025 घोषणा की तारीख /Date Of Pronouncement: 22/08/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: ] ] This Appeal By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Exemption), Ahmedabad [Hereinafter Referred To As “Cit(E)”] Dated 17.09.2024 Passed Under Section 80G(5) Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], Whereby The Assessee’S Application In Form No. 10Ab Seeking Approval Under Section 80G Of The Act Was Rejected As Non- Maintainable. Gandhinagar M Samajam Vs. Cit(E) Assessment Year Na

For Appellant: Shri Mehul K Patel, ARFor Respondent: Shri R P Rastogi, Sr-DR
Section 11Section 80GSection 80G(5)Section 80G(5)(iv)

afforded effective opportunity before rejection, as it was not aware of the proceedings until later. Placing reliance on the affidavit explaining the bona fide mistake, the learned AR prayed that the matter may be restored to the file of the CIT(E) with a direction to consider the application under ... ground that exemption was claimed earlier is not sustainable when the application itself was filed under an incorrect clause due to bona fide mistake. 8. In view of the above, and considering that the learned DR has raised no serious objection, we are of the considered opinion that the matter

Krypton Industries Limited, Falta vs. DCIT, Circle 1(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1186/KOL/2025[2014-2015]Status: DisposedITAT Kolkata31 Jul 2025AY 2014-2015

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1186/Kol/2025 Assessment Year: 2014-15 Krypton Industries Ltd.…………………..……..…………………....Appellant Plot 31 & 32, Sector-1, Falta, 24 North Parganas, W.B – 743504. [Pan: Aabck0868N] Vs. Dcit, Circle-1(1), Kolkata……………....…..………………….…..... Respondent Appearances By: Shri Akkal Dudhwewala & Vidhi Ladia, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 31, 2025 Date Of Pronouncing The Order : July 31, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], Kolkata, Dated 31.03.2025, Passed Against The Assessment Order Under Section 147/143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2014–15. 2. Brief Facts Of The Case Are That Information Was Received From The Investigation Wing, Kolkata, Indicating That The Assessee-Company Had Taken Bogus Purchases From One Shri Sanjiw Kumar Singh To Reduce Its Taxable Income. A Search Under Section 132 Of The Act Was Conducted On The Said Person & His Statement Was Recorded. Based On The Appraisal Report & Material Found During The Search, It Was Alleged That The Assessee Was One Of The Beneficiaries Of Such Bogus

Section 132Section 143(2)Section 143(3)Section 147Section 148Section 154

irrelevant facts of a different assessment year. 4. On the other hand the Ld. DR, fairly submitted that there appears to be a bona fide mistake in the order of the Ld. CIT(A), and that a rectification application under section 154 could have been filed. However, considering the present