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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

Equitable Marketing Association, Kolkata vs. ACIT, Cir-30, Kolkata.

The appeal of the assessee is treated as allowed for statistical purposes

ITA 1226/KOL/2023[2015-16]Status: DisposedITAT Kolkata07 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.1226/Kol/2023 Assessment Year: 2015-16 Equitable Marketing Association…………………… ........................……Appellant 82, Baburam Ghosh Road, Tollygunge, Kolkata – 700040. [Pan: Aaaae0345D] Vs. Acit, Circle-30, Kolkata…...................…................…........……...…..…..Respondent Appearances By: Shri S. S. Gupta, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 10, 2024 Date Of Pronouncing The Order : August 07, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.09.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Order Passed By The Ld. Assessing Officer U/S 143(3) Is Arbitrary, Bad In Law & Facts & The Ld. Cit(A), Erred In Confirming The Same In Part. 2. That The Ld. A.O Erred In Making An Addition Of Rs.1,36,67,806/- By Invoking Sec. 50C Of The Income Tax Act, 1961 & The Ld. Cit(A) Erred In Confirming The Same In As Much As In View Of The Facts & Circumstances Of The Case No Such Addition U/S 50C Was At All Called For.

Section 143(3)Section 2(14)Section 234BSection 234DSection 250Section 271(1)(c)Section 50CSection 54D

there is no capital gain tax chargeable on the said land, the assessee should not be burdened with illegitimate taxes for its bona fide mistake. 7. The ld. DR, on the other hand, has relied the findings of the lower authorities. 8. We have considered the rival submissions ... which they are liable to pay. It has also been held time and again that an assessee should not be punished for his bona fide mistake. In this case, the plea of the assessee has been that the land sold by the assessee was an agricultural land not exigible