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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

Jagdish Sharma (HUF), Jahanabad vs. DCIT Central Circle-5, Patna

In the result, both the captioned appeals are dismissed

ITA 203/PAT/2023[1999-00]Status: DisposedITAT Patna18 Feb 2025AY 1999-00

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.198 & 203/Pat/2023 Assessment Years: 1996-97 & 1999-00 Jagdish Sharma (Huf).…………………………………………..………….……Appellant Korra, Ghoshi, Janhanabad, Bihar-804406. [Pan: Aaihs5678G] Vs. Dcit, Central Circle-5, Patna……..….….. ……………….........……...…..…..Respondent Appearances By: Shri D. V. Pathy, Sr. Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 06, 2025 Date Of Pronouncing The Order : February 18, 2025 Order Per Bench: Both The Captioned Appeals Have Been Preferred By The Assessee Against Separate Orders Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 1996-97 & 1999-00. Since, The Issues Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, It Is Noted That There Are Delays Of 26 Days In Filing Both The Present Appeals. The Assessee Submitted Separate Applications For Condonation Of Such Delays Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We, Therefore, Condone The Delays In Filing Both The Appeals & Proceed To Adjudicate The Appeals.

Section 250

present appeals. The assessee submitted separate applications for condonation of such delays stating reasons for such delay. After considering the applications, we find reasonable cause. We, therefore, condone the delays in filing both the appeals and proceed to adjudicate the appeals. I.T.A. Nos.198 & 203/Pat/2023 Assessment Years

Jagdish Sharma (HUF), Jahanabad vs. DCIT Central Circle-5, Patna

In the result, both the captioned appeals are dismissed

ITA 198/PAT/2023[1996-97]Status: DisposedITAT Patna18 Feb 2025AY 1996-97

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.198 & 203/Pat/2023 Assessment Years: 1996-97 & 1999-00 Jagdish Sharma (Huf).…………………………………………..………….……Appellant Korra, Ghoshi, Janhanabad, Bihar-804406. [Pan: Aaihs5678G] Vs. Dcit, Central Circle-5, Patna……..….….. ……………….........……...…..…..Respondent Appearances By: Shri D. V. Pathy, Sr. Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit - Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 06, 2025 Date Of Pronouncing The Order : February 18, 2025 Order Per Bench: Both The Captioned Appeals Have Been Preferred By The Assessee Against Separate Orders Passed By The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 1996-97 & 1999-00. Since, The Issues Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, It Is Noted That There Are Delays Of 26 Days In Filing Both The Present Appeals. The Assessee Submitted Separate Applications For Condonation Of Such Delays Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We, Therefore, Condone The Delays In Filing Both The Appeals & Proceed To Adjudicate The Appeals.

Section 250

present appeals. The assessee submitted separate applications for condonation of such delays stating reasons for such delay. After considering the applications, we find reasonable cause. We, therefore, condone the delays in filing both the appeals and proceed to adjudicate the appeals. I.T.A. Nos.198 & 203/Pat/2023 Assessment Years