← 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

Arvindbhai Punabhai Patel, Ahmedabad vs. The ITO, Ward-3(3)(1), Ahmedabad

The appeal of the assessee is partly allowed

ITA 1851/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad14 Feb 2025AY 2015-16

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1851/Ahd/2024 िनधा"रण वष" /Assessment Year : 2015-16 Arvindbhai Punabhai Patel The Ito बनाम/ 306, Mangaljoyt Ward-3(3)(1) V/S. Jodhpur Road, Ahmedabad – 380 015 Jodhpur 4 Rasta S.O., Ahmedabad – 380 015 "थायी लेखा सं./Pan: Aggpp 5322 A (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : -None- Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 13/02/2025 घोषणा की तारीख /Date Of Pronouncement: 14/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Has Been Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Dated 23.08.2024, Sustaining The Penalty Of Rs. 30,000/- Imposed Under Section 271(1)(B) Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], For Non- Compliance With Statutory Notices Issued Under Section 142(1) During The Course Of Assessment Proceedings For Assessment Year (Ay) 2015-16. Arvindbhai Punabhai Patel Vs. Ito Asst. Year : 2015-16

For Appellant: -None-For Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 142(1)Section 144Section 148Section 148ASection 271(1)(b)Section 272(1)(b)Section 273B

dated 17.11.2023. 4. The CIT(A) upheld the penalty on the ground that sufficient opportunities were given and the assessee failed to demonstrate any reasonable cause under Section 273B for non-compliance. 5 Aggrieved by the order of CIT(A), the assessee is in appeal before us with following grounds ... primary responsibility of Arvindbhai Punabhai Patel vs. ITO Asst. Year : 2015-16 the assessee, and reliance on a third party does not constitute a reasonable cause under Section 273B of the Act. 8.2. At the same time, considering that the assessee eventually filed an appeal against the assessment, there

Prabhakar Shanigarapu, Warangal vs. ITO, Ward-1, Warangal

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

ITA 12/HYD/2025[2017-18]Status: DisposedITAT Hyderabad14 Feb 2025AY 2017-18

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.12/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Prabhakar Shanigarapu, Income Tax Officer, Vs. Warangal. Ward-1, Warangal. Pan:Dgkps6978C (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Smt. S. Sandhya, Advocate रधजस्‍व द्वधरध/Revenue By:: Ms. V. Koteshwaramma, Sr-Dr सुिवधई की तधरीख/Date Of 30/01/2025 Hearing: घोर्णध की 14/02/2025 तधरीख/Pronouncement: आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Prabhakar Shanigarapu (“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 26.10.2023 For The A.Y. 2017-18. 2. The Assessee Has Raised The Following Grounds :

For Appellant: Smt. S. Sandhya, AdvocateFor Respondent: : Ms. V. Koteshwaramma, SR-DR

submissions made on either side. On going through the facts and circumstances of the case, we are of the opinion that the assessee has reasonable cause for delay in filing the appeal before the ITAT, hence the delay is condoned. Now the appeal is taken up for adjudication

Assistant Commissioner of Income Tax, Circle - 7(1), Kolkata, Aayakar Bhawan vs. Ugraya Foods and Feeds Private Limited, Jalpaiguri

In the result, the appeal of the revenue is dismissed

ITA 1341/KOL/2024[2020-2021]Status: DisposedITAT Kolkata13 Feb 2025AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1341/Kol/2024 Assessment Year: 2020-21 Acit, Circle-7(1), Kolkata……...………………...…….………....Appellant Vs. Ugraya Foods & Feeds Pvt. Ltd……............................…..…..... Respondent 12A, Dabgram Industrial Centre, Fulbari, Near Krishna Weight Bridge. [Pan: Aaacy8901B] Appearances By: Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Amit Agarwal, Advocate, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 02, 2025 Date Of Pronouncing The Order : February 13, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 26.12.2023 Of 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’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 111 Days In Filing The Present Appeal. The Revenue Filed Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2020-21 By Declaring Total Income Of Rs.23,48,56,350/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass With Specific Reasons Being Substantial Unexplained Loans

Section 142(1)Section 14ASection 250Section 68

filing the present appeal. The revenue filed application for condonation of delay stating reasons for such delay. After considering the application, we find reasonable cause and condone the delay in filing the appeal and adjudicate the appeal on merits of the case. 3. Brief facts of the case are that