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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

Om Siddhi Vijay Mandal, Mumbai vs. Commissioner of Income Tax (Exemption), Mumbai

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

ITA 1798/MUM/2025[N.A ]Status: DisposedITAT Mumbai15 May 2025

Bench: Shri Narender Kumar Choudhry & Smt. Renu Jauhriआयकर अपील सं./Ita No. 1798/Mum/2025 (निर्धारण वर्ष / Assessment Year :N.A.) Om Siddhi Vijay Mandal 9/162, Khimji Nagji Building, Senapati Bapat Marg, Lower Parel (W.), Mumbai-400013 V/S. Cit(Exemption), Mumbai बनाम Room No. 601, 6Th Floor, Cumballa Hill, Mtnl Te Building, Pedder Road, Dr. Gopalrao Deshmukh Marg, Mumbai-400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaato5189J Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से /Assessee By: Ms. Neha Paranjpe राजस्व की ओर से /Revenue By: Mr. R. A. Dhyani सुनवाई की तारीख / Date Of Hearing 30.04.2025 घोषणा की तारीख/Date Of Pronouncement 15.05.2025 आदेश / Order Per Renu Jauhri [Α.Μ.] :- This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Exemptions), Mumbai-/National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)"] Dated 29.12.2024 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”]. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Ms. Neha ParanjpeFor Respondent: Mr. R. A. Dhyani
Section 12ASection 250

appeal before the due date. In view of the explanation submitted by the assessee, we are of the view that there was a reasonable cause for the delay of 18 days, which is hereby condoned. 4. Brief facts of the case are that the assessee filed an application for registration

The District Magistrate, Badaun vs. ITO (TDS), Moradabad

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

ITA 4775/DEL/2019[2010-11]Status: DisposedITAT Delhi15 May 2025AY 2010-11

Bench: Shri Shamim Yahya & Shri Vimal Kumarasstt. Year : 2010-11 The District Magistrate, Badaun, Vs. Ito (Tds), Collectorate Compound, Badaun, Aayakar Bhawan, Civil Lines, Uttar Pradesh – 243601 Moradabad, Uttar Pradesh-244001 (Pan: Lknd0606E) (Appellant) (Respondent) Appellant By : None Respondent By : Sh. Ram Kishan Meena, Sr. Dr. Date Of Hearing 15.05.2025 Date Of Pronouncement 15.05.2025 Order Per Shamim Yahya, Am : This Appeal Has Been Filed By The Assessee Against The Order Dated 23.01.2019 Passed By The Ld. Cit(A), Moradabad. 2. In This Case, Order Dated 31.03.2017 Was Passed U/S. 206C(6A) Of The Act By The Ito-Tds, Moradabad For The Assessment Year 2010-11 By Imposing The Total Tax Liability Of Rs. 8,13,688/- & Assessed The Income On The Same Amount. In Appeal, There Is A Delay Of 350 Days In Filing The Appeal Before The Ld. Cit(A), Ld. Cit(A) Noted The Following Submission Of The Assessee:- “There Was A Delay Of 350 Days & It Was Due To The Fact That Order Was Served On D.M. Office & Which Was Not Conveyed To Mining Officer Mr. Narender Kumar. It Came To His Knowledge In September, 2017 & Due To The Fact That The Time Was Consumed In Empanelment & Appointment Of Counsel. That Further The Delay Was Due To The Procedure Of Online Registration For Filing Appeal.”

For Appellant: NoneFor Respondent: Sh. Ram Kishan Meena, Sr. DR
Section 206C

hence, we are proceeding exparte qua the assessee, after hearing the Ld. DR and perusing the records. 6. Upon careful consideration, we find that reasonable cause has been attributed by the assessee for the delay in filing the appeal, which has occurred due to communication gap and time taken