← All Phrases

“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

Janaki Thangam Educational Trust, Chennai vs. ITO, Exemptions Ward-3, Chennai

In the result, the stay application filed by the assessee is dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 430/CHNY/2025[2020-21]Status: DisposedITAT Chennai09 Apr 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.430/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 & S.A. No. 36/Chny/2025 [In I.T.A. No. 430/Chny/2025] Janaki Thangam Educational Trust, Vs. The Income Tax Officer, Plot No. 9, Santhanasrinivasa Perumal Exemptions Ward (3), Koil Street, Tnhb Special Scheme, Chennai. Mogappair West, Chennai 600 037. [Pan: Aaatj5734C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sundar Raman, Ca ""थ" की ओर से/Respondent By : Ms. Gauthami Manivasagam, Jcit सुनवाई की तारीख/ Date Of Hearing : 03.04.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.01.2025 Passed By The Addl/Jcit(A)-7, Mumbai For The Assessment Year 2020-21. 2. The Ld. Ar Shri S. Sundar Raman, Ca Prayed To Take-Up Appeal For Hearing & Adjudication First & With The Consent Of Both The Parties, We Proceed To Hear The Appeal First.

For Appellant: Shri S. Sundar Raman, CAFor Respondent: Ms. Gauthami Manivasagam, JCIT
Section 11Section 139(1)Section 143(1)

eligible expenditure incurred by the assessee. 6. The ld. DR Ms. Gauthami Manivasagam, JCIT submits that the assessee did not show any reasonable cause in explaining the reasons for abnormal delay of 754 days. The assessee is not entitled to seek remand of matter to the file

Aldiablos Infotech Private Limited, Ahmedabad vs. The Income Tax Officer, Ward-1(1)(1), Ahmedabad

In the result, all the appeals of the assessee are allowed for statistical

ITA 353/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad08 Apr 2025AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.353, 354, 355, 356 & 357/Ahd/2024 निर्धारण वर्ष / Assessment Years : 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18 Aldiablos Infotech Pvt.Ltd. 1St Floor, Mauryansh Elanza, Shyamal Cross Road, Ahmedabad – 380 015 बनाम/ V/S. The I.T.O. Ward-1(1)(1), Ahmedabad स्थायी लेखा सं./Pan: Aakca 3027 E Assessee By: Shri P.F. Jain, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/04/2025 घोषणा की तारीख / Date Of Pronouncement: 08/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Five Appeals Have Been Preferred By The Assessee Against The Orders Passed By The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"], For The Assessment Years (Ays) 2013-14 To 2017-18 Arising From The Orders Passed By The Assessing Officer (Hereinafter Referred To As “Ao") U/S 143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act). Since Common Issues Are Involved, All These Appeals Are Disposed Of By This Consolidated Order.

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115BSection 142(1)Section 143(3)Section 144Section 147Section 68Section 69A

averments made in the affidavit, we are of the view that the delay of 40 days in filing the appeals is supported by reasonable cause. Accordingly, in the interest of justice, the delay is condoned, and the appeals are admitted for adjudication on merits. Facts of the case

Shree Santoshimata Majoor Sahakari Sanstha, Pen vs. Income Tax Officer, Panvel

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

ITA 2019/PUN/2024[2015-2016]Status: DisposedITAT Pune08 Apr 2025AY 2015-2016

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2019/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Shree Santoshimata Majoor Vs. Ito, Ward-4, Panvel. Sahakari Sanstha, 203, Gr. Floor, Sonkhar, Pen, Raigad- 402107. Pan : Avhpm2201K Appellant Respondent Assessee By : Shri Sunil R. Talreja Revenue By : Shri Arvind Desai Date Of Hearing : 08.01.2025 Date Of Pronouncement : 08.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. There Is Delay In Filing Of This Appeal. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Along With An Affidavit. We Are Satisfied With The Explanation Of The Assessee That He Was Prevented By Reasonable Cause For Not Filing The Appeal Within Prescribed Time Limit. Ld. Dr Raised No Serious

For Appellant: Shri Sunil R. TalrejaFor Respondent: Shri Arvind Desai
Section 142(1)Section 143(3)Section 40A(3)Section 44ASection 80P(2)(a)Section 80P(2)(d)

application for condonation of delay along with an affidavit. We are satisfied with the explanation of the assessee that he was prevented by reasonable cause for not filing the appeal within prescribed time limit. Ld. DR raised no serious 2 objection to the condonation request made by the assessee. Accordingly