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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

D S Kulkarni and Company, Pune vs. DCIT Circle 2, Pune

In the result, both the appeals of the assessee in ITA Nos

ITA 2421/PUN/2024[2013-14]Status: DisposedITAT Pune30 Apr 2025AY 2013-14

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2417 To 2421/Pun/2024 िनधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2016-17 D. S. Kulkarni & Vs. Dcit, Cricle-2, Pune Company, Flat No.701, Modi Baug, Dsk Haryali, Shivajinagar, Pune- 411016. Pan : Aaefd2122L Appellant Respondent Assessee By : Shri Nikhil S. Pathak Revenue By : Shri Amol Khairnar Date Of Hearing : 19.02.2025 Date Of Pronouncement : 30.04.2025 आदेश / Order Per Bench: These Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 24.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Years 2013-14, 2014-15 & 2016-17 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Five Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.2418/Pun/2024 For Assessment Year 2016-17 As A Lead Case For Adjudication.

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Amol Khairnar
Section 147Section 148

thereby erred in confirming the addition of Rs.29,35,06,820/- made by the learned A.O. 2] The assessee submits that there was a reasonable cause on its part for the non compliance to the notices issued by the learned CIT(A) and accordingly, requests for one more opportunity ... resulted in ex-parte orders passed by the subordinate authorities. It was therefore submitted by Ld. AR of the assessee that the assessee has reasonable cause for non-compliance to the notices issued by Ld. CIT(A)/NFAC and therefore he requested for one more opportunity to substantiate its case

D S Kulkarni and Company, Pune vs. DCIT Circle 2, Pune

In the result, both the appeals of the assessee in ITA Nos

ITA 2420/PUN/2024[2013-14]Status: DisposedITAT Pune30 Apr 2025AY 2013-14

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2417 To 2421/Pun/2024 िनधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2016-17 D. S. Kulkarni & Vs. Dcit, Cricle-2, Pune Company, Flat No.701, Modi Baug, Dsk Haryali, Shivajinagar, Pune- 411016. Pan : Aaefd2122L Appellant Respondent Assessee By : Shri Nikhil S. Pathak Revenue By : Shri Amol Khairnar Date Of Hearing : 19.02.2025 Date Of Pronouncement : 30.04.2025 आदेश / Order Per Bench: These Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 24.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Years 2013-14, 2014-15 & 2016-17 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Five Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.2418/Pun/2024 For Assessment Year 2016-17 As A Lead Case For Adjudication.

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Amol Khairnar
Section 147Section 148

thereby erred in confirming the addition of Rs.29,35,06,820/- made by the learned A.O. 2] The assessee submits that there was a reasonable cause on its part for the non compliance to the notices issued by the learned CIT(A) and accordingly, requests for one more opportunity ... resulted in ex-parte orders passed by the subordinate authorities. It was therefore submitted by Ld. AR of the assessee that the assessee has reasonable cause for non-compliance to the notices issued by Ld. CIT(A)/NFAC and therefore he requested for one more opportunity to substantiate its case