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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

Kasanagottu Santhosh Kumar, Siddipet, Telangana vs. Income Tax Officer, Ward -1, Siddipet

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

ITA 1287/HYD/2024[2017-18]Status: DisposedITAT Hyderabad24 Feb 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1287/Hyd/2024 (निर्धारण वर्ा/Assessment Year:2017-18) Kasanagottu Santosh Kumar, Income Tax Officer, Hyderabad. Vs. Ward-1, Siddipet. Pan:Aqpppk0048K (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Sri Sai Keerthana, C.A. रधजस् व द्वधरध/Revenue By:: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 11/02/2025 घोर्णध की तधरीख/Pronouncement: 24/02/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : This Appeal Is Filed By Kasanagottu Santhosh Kumar (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 26.06.2024 For The A.Y. 2017-18. 2. At The Outset, It Is Seen That There Was A Delay Of 103 Days In Filing The Appeal Before The Itat. The Assessee Has Filed Condonation Petition Along With Affidavit Explaining The Reasons For The Delay Which Is To The Following Effect :

For Appellant: Sri Sai Keerthana, C.AFor Respondent: : Dr. Sachin Kumar, SR-DR
Section 253(3)

days, beyond the statutory period. The delay in filing the appeal is purely unintentional and occurred due to circumstances beyond my control, constituting a reasonable cause as per the provisions of Section 253(3) of the Income Tax Act, 1961. Being a small business man I am totally dependent ... considering the reason for the delay and after hearing the Learned Department Representative (“Ld. DR”), we are of the opinion that there was a reasonable cause for delay in filing the appeal ITA No.1287/Hyd/2024 3 before us. Accordingly, we condone the delay in filing the appeal and admit for adjudication

Maharashtra Yogasana Sport Association, Ahmednagar vs. CIT Exemption, Pune

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

ITA 1400/PUN/2024[-]Status: DisposedITAT Pune21 Feb 2025

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1400/Pun/2024 िनधा"रण वष" / Assessment Year: N.A. Maharashtra Yogasana Sport V The Commissioner Of Association, S Income Tax(Exemption), C/O.Malpani House, Indira Pune. Gandhi Road, Sangamner, Ahmednagar – 422605. Pan: Aahtm6649N Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil S Pathak – Ar Revenue By Shri Amol Khairnar – Cit(Dr) Date Of Hearing 17/02/2025 Date Of Pronouncement 21/02/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax-Exemption, Pune Dated

Section 12ASection 12A(1)(ac)

able to read the communication from the Department as the person who is looking after this work did not inform the management. Considering the reasonable cause, we condone the delay and admit the appeal for adjudication. 3. The Assessee has raised the following grounds of appeal : “1] The learned ... No.1400/PUN/2024 [A] hence, the application filed by the assessee was required to be rejected. 3] The assessee submits that there was a reasonable cause on its part in not responding to the notices issued by the learned CIT(E) and hence, request for one more opportunity to present its case