← All Phrases

“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

Ram Kishor Soni, Ahmedabad vs. National Faceless Assessment Centre, Delhi Present AO: the ITO, Ward-4(2)(1), Ahmedabad

The appeals of the assessee are allowed for statistical purposes

ITA 1282/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad11 Mar 2025AY 2014-15

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1281&1282/Ahd/2024 निर्धारण वर्ष / Assessment Years: 2013-14 & 2014-15 Ram Kishor Soni, 626, Sector No.3, Chankyapuri, Ghatlodiya, Ahmedabad-380061 स्थायी लेखा सं./Pan: Blips8712B बनाम/ V/S. National Faceless Assessment Centre, Delhi Present A.O.: Income Tax Officer, Ward-4(2)(1), Ahmedabad अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By: Shri P. F. Jain, Ar Revenue By: Shri Rignesh Das, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 10/03/2025 घोषणा की तारीख / Date Of Pronouncement: 11/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals Filed By The Assessee Pertain To Assessment Years 2013-14 & 2014-15 Against The Respective Orders Of Commissioner Of Appeal, National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"], Confirming The Additions Made By The Assessing Officer [Hereinafter Referred To As "Ao"] Under Section 69A Of The Income-Tax Act, 1961[Hereinafter Referred To As "The Act"], On Account Of Unexplained Cash Deposits In The Assessee'S Bank Accounts. Since The Issues Involved In Both The Appeals Are Identical, They Are Disposed Of By This Consolidated Order.

For Appellant: Shri P. F. Jain, ARFor Respondent: Shri Rignesh Das, Sr. DR
Section 115BSection 132Section 142(1)Section 144Section 147Section 148Section 154Section 234ASection 69A

section 154 in place of section 147 read with section 144 as A.O. amended the order u/s.154 on 16.09.2022 resulting into inadvertent and bona fide mistake by the assessee in mentioning section 154 instead of section 147. 2. The learned CIT(A) has erred in law and on facts

St. Peter School, Durgapur vs. ITO, Ward 2(1), Durgapur

In the result, the appeal of the assessee allowed

ITA 820/KOL/2024[2018-19]Status: DisposedITAT Kolkata08 Oct 2024AY 2018-19

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2018-19 St. Peters School Ito, Ward-2(1), Exemption, Na, Mira Bai Road B Zone, Durgapur. Vs Durgapur, Burdwan-713204 (Pan: Aaatb9527D) (Appellant) (Respondent) Present For: Assessee By : Shri Subho Chakraborty, Ar Revenue By : Shri P.P. Barman, Additional Cit, Sr. Dr Date Of Hearing : 03.10.2024 Date Of Pronouncement : 08.10.2024 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Assessee For The Assessment Year 2018-19 Is Directed Against The Order Dated 26.02.2024 Passed By The Ld. Commissioner Of Income-Tax (Appeals), Nfac, Delhi, [Hereinafter Referred To As ‘The Ld. Cit(A)’].

For Appellant: Shri Subho Chakraborty, ARFor Respondent: Shri P.P. Barman, Additional CIT, Sr. DR
Section 10Section 11(6)Section 143(2)Section 143(3)Section 270ASection 274

appeal before this Tribunal. 4. Ld. Counsel for the assessee contended that the penalty was wrongly imposed as disallowance of depreciation resulted from bona fide mistake. The assessee submitted that assessee inadvertently claimed depreciation in the return of income, which was a clerical error and not an attempt to evade ... view that the penalty imposed u/s. 270A(9) for misreporting of income is not sustainable. The disallowance of depreciation thereof, result in a bona fide mistake and there was no negligence on the part of the assessee to misreport its income or evade tax. Accordingly, we set aside the order