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“reasonable cause”

PenaltySection 273BSection 273B7,285 judgments

The decision most relied on for reasonable cause is Ashok Pai v. CIT (292 ITR 11), cited in 812 judgments on BharatTax.

Leading authorities on reasonable cause

Ashok Pai v. CIT
292 ITR 11 · 2007 · Supreme Court
812
citing judgments

“Concealment of particulars of income” and “furnishing inaccurate particulars of income” are two distinct offences under Section 271(1)(c) of the Income Tax Act. A penalty cannot be levied under one limb if the show cause notice or basis for penalty specifies the other, as this constitutes a complete variance in the reasons for assuming jurisdiction.

Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.
2 SCC 107 · 1987 · Supreme Court
451
citing judgments

Courts must adopt a liberal approach when considering applications for condonation of delay, preferring to decide cases on their merits rather than allowing technicalities of limitation to scuttle justice. This principle applies to ensure the substantive rights of parties are not defeated by minor delays.

Balakrishnan v. M. Krishnamurthy
7 SCC 123 · 1998 · Supreme Court
368
citing judgments

The Supreme Court outlines the principles for condoning delay in filing appeals, stating that a litigant's lapse is not always a bar if the explanation is bona fide and not a dilatory strategy. Courts should show utmost consideration to suitors and prioritize substantial justice unless the delay is deliberately to gain time.

Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust v. ADIT
115 TTJ 419 · 2008 · ITAT
292
citing judgments

Penalty under Section 272A(1)(d) for non-compliance with a notice issued under Section 142(1) is not leviable when the assessee demonstrates a reasonable cause for such non-compliance. The decision defines what constitutes 'reasonable cause' in this context.

Sreenivas Charitable Trust v. Dy. CIT
280 ITR 357 · 2006 · High Court
182
citing judgments

The expression "sufficient cause" for condoning delay in filing appeals must receive a liberal and purposive construction. This approach aims to advance substantial justice, which is of paramount importance.

CIT v. K.S.P. Shanmugavel Nadai and Ors.
153 ITR 596 · 1985 · High Court
171
citing judgments

Where a reasonable cause for delay in filing an appeal exists, the period of delay may not be a relevant factor for condonation. The court has condoned even substantial delays, such as nearly 21 years, based on the presence of a reasonable cause.

People Education and Economic Development Society (PEEDS) v. ITO
100 ITD 87 · 2006 · ITAT
121
citing judgments

When substantial justice and procedural technicalities are in conflict, especially in cases involving non-deliberate delay, the cause of substantial justice must be prioritized. The opposing party cannot claim a vested right to benefit from injustice due to such delays.

Commissioner of Income Tax v. Noida Toll Bridge Co. Ltd.
262 ITR 260 · 2003 · High Court
121
citing judgments

Journal entries for accepting or repaying loans and deposits, without any actual cash transaction, do not violate the provisions of Section 269SS or Section 269T of the Income Tax Act. Consequently, such transactions do not attract penalties under Section 271D or Section 271E.

Judgments citing reasonable cause

Santanu Roy, ITO, Ward 10(2), Kolkata vs. Ems Polyset Private Limited, Kolkata

Appeal is allowed for statistical purposes

ITA 2194/KOL/2024[2012-13]Status: DisposedITAT Kolkata18 Aug 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.2193&2194/Kol/2024 Assessment Years: 2011-12 & 2112-13 Ito, Ward-10(2), Kolkata.…………………….…………….……....Appellant Vs. Ems Polyset Pvt. Ltd………………………………………….…..... Respondent Gobinda Niwas, Jyangra, Baguihati, Kolkata - 700059. [Pan: Aaace5551F] Appearances By: Shri Susanta Saha, Acit- Sr. Dr Appeared On Behalf Of The Appellant. Shri Subrato Rai, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 13, 2025 Date Of Pronouncing The Order : August 18, 2025 आदेश / Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Revenue Against Two Separate Orders Both Dated 06.08.2024 Passed By The Cit(Appeals) Addl/Jcit(A), Madurai [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2011-12 & 2012-13 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up Ita No.2193/Kol/2024 For Narration Of Facts. 2. At The Outset, The Registry Has Informed That There Are Delays Of 27 Days In Filing Both The Present Appeals. The Revenue Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We

Section 132Section 143(1)Section 147Section 250

filing both the present appeals. The revenue filed applications for condonation of delay stating reasons for such delay. After considering the applications, we find reasonable cause. We, I.T.A. Nos.2193&2194/Kol/2024 EMS Polyset Pvt. Ltd therefore, condone the delay in filing the appeals and adjudicate the appeals on merits

ITO, Ward 10(2), Kolkata vs. Ems Polyset Private Limited, Kolkata

Appeal is allowed for statistical purposes

ITA 2193/KOL/2024[2011-12]Status: DisposedITAT Kolkata18 Aug 2025AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.2193&2194/Kol/2024 Assessment Years: 2011-12 & 2112-13 Ito, Ward-10(2), Kolkata.…………………….…………….……....Appellant Vs. Ems Polyset Pvt. Ltd………………………………………….…..... Respondent Gobinda Niwas, Jyangra, Baguihati, Kolkata - 700059. [Pan: Aaace5551F] Appearances By: Shri Susanta Saha, Acit- Sr. Dr Appeared On Behalf Of The Appellant. Shri Subrato Rai, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 13, 2025 Date Of Pronouncing The Order : August 18, 2025 आदेश / Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Revenue Against Two Separate Orders Both Dated 06.08.2024 Passed By The Cit(Appeals) Addl/Jcit(A), Madurai [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2011-12 & 2012-13 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up Ita No.2193/Kol/2024 For Narration Of Facts. 2. At The Outset, The Registry Has Informed That There Are Delays Of 27 Days In Filing Both The Present Appeals. The Revenue Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We

Section 132Section 143(1)Section 147Section 250

filing both the present appeals. The revenue filed applications for condonation of delay stating reasons for such delay. After considering the applications, we find reasonable cause. We, I.T.A. Nos.2193&2194/Kol/2024 EMS Polyset Pvt. Ltd therefore, condone the delay in filing the appeals and adjudicate the appeals on merits

The Borivali Ashwini Co Op Housing Society Limited, Mumbai vs. Income Tax Officer Ward 42(1)(5), Mumbai

In the result, all the appeals filed by the assessee are

ITA 4169/MUM/2025[2013-14]Status: DisposedITAT Mumbai18 Aug 2025AY 2013-14

Bench: Shri Om Prakash Kant & Shri Raj Kumar Chauhan1. Ita No. 4168/Mum/2025 (A.Y: 2012-13) 2. Ita No. 4169/Mum/2025 (A.Y: 2013-14) 3. Ita No. 4170/Mum/2025 (A.Y: 2015-16) The Borivali Ashwini Co- Operative Housing Society Ltd. Ito Ward 42(1)(5), Vs. Kautilya Bhavan, Bkc, Cts No. 360, Eksar Road, Borivali Bandra (E), Mumbai-400 051. (West), Mumbai-400 092 Pan: Aaaat7928B (Appellant) Assessee Represented By Department Represented By Date Of Conclusion Of Hearing Date Of Pronouncement (Respondent) : Shri Bharat Gandhi, Ld. Ar Shri Bhagirath Ramawat (Sr. Dr.) : : 12.08.2025 18.08.2025 Order Per Raj Kumar Chauhan (Ј.М.): 1. These Appeals Are Filed By The Appellant/Assessee Against The Common But Separate Orders Of Learned Commissioner Of Income Tax

Section 143(1)Section 250Section 80P(2)(d)

being barred by limitation on the ground that 'No sufficient and satisfactory explanation was filed by the assessee to prove that there was a reasonable cause for delay, the said delay could not be condoned.' 2. Since the facts of all the appeals filed by the assessee are exactly same ... considered by the Ld. CIT(A) in absence of no sufficient and satisfactory explanation filed by the assessee to prove that there was a reasonable cause for delay. On perusal of the impugned order, we have noticed that Ld. CIT(A) has primarily dismissed the appeal of the assessee

Mahendra Singh Jain, Ghaziabad vs. ITO Ward-1(4), Ghaziabad

In the result, appeal of the assessee is allowed

ITA 3848/DEL/2025[2012-13]Status: DisposedITAT Delhi18 Aug 2025AY 2012-13

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2012-13 Mahendra Singh Jain, Vs. Income Tax Officer, Ch. No. 206-207, Ansal Satyam, Ward 1(4), Ghaziabad Rdc, Rajnagar, Ghaziabad (Pan: Afhpj7049A) (Appellant) (Respondent) Appellant By : Shri Akhilesh Kumar, Adv. & Shri Govil Aggarwal, Ca Respondent By : Shri Sangeet Sharma, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025 Order Per Mahavir Singh, Vp : This Appeal Has Been Filed By The Assessee Against The Order Dated 17.2.2025 Passed By The Addl./Jcit(A), Patnan For Ay 2012-13 On The Following Grounds:- 1. Because, The Order Of The Ld. Lower Authority Is Bad In Law & Against The Facts & Circumstance Of The Case. 2. Because, The Cit(A) Grossly Erred In Sustaining The Impugned Proceeding & Assessment Order Whereby All The Notices U/S. 142(1)/144 & Impugned Order Were Issued In The Name Of Deceased Person Against The Provisions Of Section 159 Of The Act Hence, The Order Is Null & Void.

For Appellant: Shri Akhilesh Kumar, Adv. &For Respondent: Shri Sangeet Sharma, Sr. DR
Section 142(1)Section 144Section 159

appeal before the Tribunal. After hearing both the sides and perusing the records, I am of the of the considered view that the reasonable cause for the same has been attributed to the assessee, hence, I condone the delay in dispute. 4. Ld. Counsel for the assesse submitted that assessment

Thumboor Multipurpose Co-Operative Society Ltd, Thrissur vs. ITO, Ward-2(5), Thrissur

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 439/COCH/2025[2017-18]Status: DisposedITAT Cochin14 Aug 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2017-18 Thumboor Multipurpose Co-Op. Society Ltd. .......... Appellant Vellangallur, Thumboor P.O., Thrissur 680662 [Pan: Aaeat8193N] Vs. The Income Tax Officer, Ward-2(5), Thrissur .......... Respondent Assessee By: Shri Arun Raj, Advocate Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 05.08.2025 Date Of Pronouncement: 14.08.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 21.06.2024 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A Multipurpose Of Co-Operative Society. The Return Of Income For Ay 2017-18 Was Filed On 21.06.2018 Disclosing Nil Income. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward 2(5), Thrissur (Hereinafter Called "The Ao") Vide Order Dated

For Appellant: Shri Arun Raj, AdvocateFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)

evidence 3 Thumboor Multipurpose Co-op. Society Ltd. contrary, we are of the considered opinion that the appellant society is prevented by sufficient reasonable cause in filing the appeal within the prescribed limit. Accordingly, we condone the delay and admit the appeal for adjudication. 6. We heard the rival submissions