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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

Vishnu Vardhan Cheruvu, Hyderabad vs. Deputy Commission of Income Tax, Circle-8, Pune

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

ITA 1522/PUN/2025[2018-19]Status: DisposedITAT Pune10 Jul 2025AY 2018-19

Bench: Shri Manish Boradआयकर अपील सं. / Ita No.1522/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Vishnu Vardhan Cheruvu, Vs. Dcit, Circle-8, Pune. 308, A Block, Sri Krupa Towers, Sringeri Colony Street N1, Mohannagar, Kothaper, Hyderabad- 500035. Pan : Ajfpc8382H Appellant Respondent Assessee By : Shri Chetan Agarwal (Virtual) Revenue By : Shri Deepak Kumar Kedia Date Of Hearing : 10.07.2025 Date Of Pronouncement : 10.07.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 17.04.2025 Relevant To A.Y. 2019-20. 2. At The Outset, Ld. Counsel For The Assessee Submitted That Ld. Cit(A)/Nfac Did Not Condone The Delay Of 333 Days & Also Did Not Provide An Opportunity To Provide The Reasons For Delay. It Is Also Submitted That The Delay Was On Account Of Tax Consultant Who Is Looking After The Taxation Work. Ld. Dr Has Not Raised Any Objection If The Delay Is Condoned & Matter Is Restored To The File Of Ld. Cit(A)/Nfac.

For Appellant: Shri Chetan Agarwal (Virtual)For Respondent: Shri Deepak Kumar Kedia
Section 250(6)

approach I hereby condone the delay of 333 days in filing of the appeal before Ld. CIT(A)/NFAC as it was due to reasonable cause. Further, since Ld. CIT(A)/NFAC has not dealt with the merits of the case, I hereby restore all the grounds of appeal raised

Shri Tirupati Balaji Traders, Nainital vs. ACIT, Nainital

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

ITA 214/DDN/2024[2017-18]Status: DisposedITAT Dehradun09 Jul 2025AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalacit, Shri Tirupati Balaji Traders, Circle-3, 86 Ramsay Road, Vs. Nainital. Tallital, Nainital-263001, Uttarakhand. Pan-Acdfs8473Q (Appellant) (Respondent) Assessee By Shri Pavan Kumar Nath, Adv., Department By Shri A.S. Rana, Sr. Dr Date Of Hearing 08/07/2025 Date Of Pronouncement 09/07/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) Delhi (‘The Ld. Cit(A)’ For Short) Dated 30.05.2024 For Assessment Year 2017-18. 2. At The Outset, From The Perusal Of The Orders Of Ld. Cit(A), It Is Seen That The Ld. Cit(A) Has Passed The Impugned Orders Ex-Parte Without Providing Sufficient Opportunities Of Being Heard To The Assessee, Thereby Confirming The Additions Made By The Ao. Regarding Delay In Filing Of Appeal, An Application Algonwith Affidavit Shri Tirupati Balaji Traders Vs. Acit Is Filed Before Us Wherein It Is Stated That The Firm Got Dissolved & Partner Did Not Access To It Portal. When Assessee Sought Advise From Counsel For Vsv, The Fact Of Passing Of Order By Cit(A) Came To The Notice. Under These Circumstances, Appeal Was Filed Delay. Ld. Ar Accordingly Prayed For Condonation Of Delay In Filing The Appeal & Further Prayed To Delete The Additions Made On Assumptions & Presumptions. 3. The Ld. Cit-Dr Supported The Orders Of The Lower Authorities.

Under these facts and circumstances and in the interest of justice, we condone the delay as the assessee has successfully demonstrated that it has reasonable cause for delay in filing the appeal. Further this appeal is restored to the file of the Ld. CIT(A) for fresh adjudication on merits

Kajal Nimishbhai Sinojia, Rajkot vs. ITO WD 1(1)(1), RKT, Rajkot

Appeal is allowed for statistical purpose

ITA 664/RJT/2024[2015-16]Status: DisposedITAT Rajkot09 Jul 2025AY 2015-16

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.664/Rjt/2024 "नधा"रणवष" / Assessment Year: (2015-16) (Hybrid Hearing) Kajal Nimishbhai Sinojia Vs. Income-Tax Officer, B-21 Shreeji Haridwar Society,Nr Ito Ward – 1(1)(1), Gokuldham, Aaykar Bhavan, Rajkot - 360004 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bsups2455J (Appellant) (Respondent) Appellant By : Shri Chetan Agarwal, Ld. Ar Respondent By : Shri K. L. Solanki, Ld. Sr. Dr Date Of Hearing : 24 / 04 /2025 Date Of Pronouncement : 09 / 07/2025

For Appellant: Shri Chetan Agarwal, Ld. ARFor Respondent: Shri K. L. Solanki, Ld. Sr. DR
Section 142(1)Section 147Section 148Section 271Section 271(1)(b)Section 272A(1)(d)Section 273BSection 69C

notice(s) issued under section 142(1) of the Act, and that the appellant has not been able to establish that there was any reasonable cause for such failure, within the meaning of section 273B. The action of the A.O. in imposing penalty of Rs 20,000/- under section ... submissions of learned DR and have perused the order of the Assessing Officer and the learned CIT(A). We find that there was no reasonable cause on the part of the assessee for not appearing on the different dates of hearing before the Assessing Officer in response to notice issued