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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

Mahesh Vishwanath Bhoir, Pune vs. Income Tax Officer, Pune

In the result, both the above captioned appeals of the assessee are allowed for statistical purposes

ITA 1814/PUN/2024[2011-2012]Status: DisposedITAT Pune10 Feb 2025AY 2011-2012

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1813 & 1814/Pun/2024 िनधा"रण वष" / Assessment Year : 2011-12 Mahesh Vishwanath Bhoir, Vs. Ito, Ward-9(1), Pune. 3Rd Floor, Bhoir Building, Keshav Nagar, Chinchwad, Pune- 410033. Pan : Aihpb9631K Appellant Respondent Assessee By : None Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 29.01.2025 Date Of Pronouncement : 10.02.2025 आदेश / Order Per Manish Borad, Am: These Appeals Filed At The Instance Of Assessee Are Directed Against The Separate Orders Of Ld. Cit(A)/Nfac Dated 10.07.2024 Which Are Arising Out Of The Assessment Order Framed On 29.01.2014 U/S 144 & Penalty Order Framed On 17.07.2024 U/S 271(1)(C) Of The Act For Assessment Year 2011-12 By The Ito, Ward-9(1), Pune Respectively.

For Appellant: NoneFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 144Section 250Section 271(1)(c)Section 274

No.1813/PUN/2024 and 20 pages for ITA No.1814/PUN/2024 and find that the assessee certainly made delay in filing of the appeal but there was reasonable cause for delay and in view of the judgement of the Hon’ble Apex Court in the case of Collector Land Acquisition vs. MST Katiji ... assessee and decide in accordance with law. The assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Thus, grounds of appeal raised by the assessee in both the appeals are allowed for statistical purposes. 7. In the result, both the above

Mahesh Vishwanath Bhoir, Pune vs. Income Tax Officer, Pune

In the result, both the above captioned appeals of the assessee are allowed for statistical purposes

ITA 1813/PUN/2024[2011-2012]Status: DisposedITAT Pune10 Feb 2025AY 2011-2012

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1813 & 1814/Pun/2024 िनधा"रण वष" / Assessment Year : 2011-12 Mahesh Vishwanath Bhoir, Vs. Ito, Ward-9(1), Pune. 3Rd Floor, Bhoir Building, Keshav Nagar, Chinchwad, Pune- 410033. Pan : Aihpb9631K Appellant Respondent Assessee By : None Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 29.01.2025 Date Of Pronouncement : 10.02.2025 आदेश / Order Per Manish Borad, Am: These Appeals Filed At The Instance Of Assessee Are Directed Against The Separate Orders Of Ld. Cit(A)/Nfac Dated 10.07.2024 Which Are Arising Out Of The Assessment Order Framed On 29.01.2014 U/S 144 & Penalty Order Framed On 17.07.2024 U/S 271(1)(C) Of The Act For Assessment Year 2011-12 By The Ito, Ward-9(1), Pune Respectively.

For Appellant: NoneFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 144Section 250Section 271(1)(c)Section 274

No.1813/PUN/2024 and 20 pages for ITA No.1814/PUN/2024 and find that the assessee certainly made delay in filing of the appeal but there was reasonable cause for delay and in view of the judgement of the Hon’ble Apex Court in the case of Collector Land Acquisition vs. MST Katiji ... assessee and decide in accordance with law. The assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Thus, grounds of appeal raised by the assessee in both the appeals are allowed for statistical purposes. 7. In the result, both the above

Dermatological Society, Sadashiv Peth Pune City vs. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC) Delhi

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

ITA 1488/PUN/2024[2017-18]Status: DisposedITAT Pune10 Feb 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1488/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Dermatological Society, Vs. Ito, Ward-3(4), Pune. 1330, Bendre Niwas, Sadashiv Peth, Pune City, Pune- 411030. Pan : Aacad4146M Appellant Respondent Assessee By : Shri Jaywant Ganpat Bhumkar Revenue By : Ms. Shilpa N. C. Date Of Hearing : 21.01.2025 Date Of Pronouncement : 10.02.2025 आदेश / Order Per Manish Borad, Am: This Appeal Filed At The Instance Of Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 22.05.2024 Which Is Arising Out Of The Assessment Order For Assessment Year 2017-18 Framed On 26.12.2019 By The Ito, Ward-3(4), Pune. 2. At The Outset, Ld. Counsel Of The Assessee Submitted That The Assessee Due To Unavoidable Circumstances Could Not Appear Before The Lower Authorities & An Ex-Parte Order U/S 144 Of The Act Has Been Passed By The Assessing Officer & Even Before Ld.

For Appellant: Shri Jaywant Ganpat BhumkarFor Respondent: Ms. Shilpa N. C
Section 144Section 57

hands of the assessee. The assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause, failing which Ld. JAO shall be free to proceed in accordance with law. Grounds of appeal raised by the assessee are allowed for statistical purposes

Mohammad Parwaiz Alam, Bihar vs. NFAC, Delhi

The appeals of the assessee are dismissed as withdrawn

ITA 250/PAT/2024[2014-2015]Status: DisposedITAT Patna07 Feb 2025AY 2014-2015

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.249&250/Pat/2024 Assessment Year: 2014-15 Mohammad Parwaiz Alam………………………………..………….……Appellant Alam Mansion Ararai, Basantpur, Ward-21, Araria, Bihar-854311. [Pan: Agapa6710F] Vs. Nfac, Delhi…………..……....….….. ……………….........……...…..…..Respondent Appearances By: None 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 07, 2025 Order Per Sonjoy Sarma: 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’). Since, The Issues Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, The Registry Has Informed That There Is A Delay Of 7 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause. We, Therefore, Condone The Delay In Filing The Appeals & Proceed To Adjudicate The Appeals. 3. No One Has Appeared On Behalf Of The Assessee In Spite Of Serving Notices For Hearing On Different Dates. However, An Application Has Been Filed By The Ar Of The Assessee Stating That The Assessee Has Opted To Settle The Tax Dispute Under The Direct Tax Vivad Se Viswas (Dtvsv)

Section 250

filing the present appeal. The assessee filed an application for condonation of delay stating reasons for such delay. After considering the application, we find reasonable cause. We, therefore, condone the delay in filing the appeals and proceed to adjudicate the appeals. 3. No one has appeared on behalf

Mohammad Parwaiz Alam, Bihar vs. NFAC, Delhi

The appeals of the assessee are dismissed as withdrawn

ITA 249/PAT/2024[2014-2015]Status: DisposedITAT Patna07 Feb 2025AY 2014-2015

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.249&250/Pat/2024 Assessment Year: 2014-15 Mohammad Parwaiz Alam………………………………..………….……Appellant Alam Mansion Ararai, Basantpur, Ward-21, Araria, Bihar-854311. [Pan: Agapa6710F] Vs. Nfac, Delhi…………..……....….….. ……………….........……...…..…..Respondent Appearances By: None 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 07, 2025 Order Per Sonjoy Sarma: 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’). Since, The Issues Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, The Registry Has Informed That There Is A Delay Of 7 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause. We, Therefore, Condone The Delay In Filing The Appeals & Proceed To Adjudicate The Appeals. 3. No One Has Appeared On Behalf Of The Assessee In Spite Of Serving Notices For Hearing On Different Dates. However, An Application Has Been Filed By The Ar Of The Assessee Stating That The Assessee Has Opted To Settle The Tax Dispute Under The Direct Tax Vivad Se Viswas (Dtvsv)

Section 250

filing the present appeal. The assessee filed an application for condonation of delay stating reasons for such delay. After considering the application, we find reasonable cause. We, therefore, condone the delay in filing the appeals and proceed to adjudicate the appeals. 3. No one has appeared on behalf

Ranjay Kumar Diwakar, Nawada vs. ITO, Ward-2(5), Bihar Sharif

The appeal of the assessee is allowed for statistical purposes

ITA 227/PAT/2024[2017-18]Status: DisposedITAT Patna07 Feb 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.227/Pat/2024 Assessment Year: 2017-18 Ranjay Kumar Diwakar.………………………………………..………….……Appellant M/S Nidhi Pharma, Purani Jail Road, Nawada, Bihar-805110. [Pan: Aoppd7881R] Vs. Ito, Ward-2(5), Bihar Sharif.……....….….. ……………….........……...…..…..Respondent Appearances By: Shri Manoj Kataruka, 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 05, 2025 Date Of Pronouncing The Order : February 07, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 12.09.2023 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 79 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That In The Case Of The Assessee, Notice U/S 142(1) Of The Act Was Issued For Calling The Assessee To Submit True & Correct Return Of Income In Respect Of Assessment Year 2017-18 And

Section 142(1)Section 144Section 250

filing the present appeal. The assessee filed an application for condonation of delay stating reasons for such delay. After considering the application, we find reasonable cause and the delay was not intentional. We, therefore, condone the delay in filing the appeal and adjudicate the appeal on merits of the case

Narayani Educational Health and Charitable Trust, Patna vs. DCIT, Central Circle-2, Patna

Appeals of the assessee are allowed for statistical purposes

ITA 303/PAT/2023[2016-17]Status: DisposedITAT Patna07 Feb 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.301 To 303/Pat/2023 Assessment Years: 2013-14, 2015-16 & 2016-17 Narayani Educational Health & Charitable Trust……..………….……Appellant A/78, P. C Colony, Kankarbagh, Patna, Bihar-800020. [Pan: Aactn2955K] Vs. Dcit, Central Circle-2, Patna....….….. ……………….........……...…..…..Respondent Appearances By: Shri Rakesh Kumar, 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 05, 2025 Date Of Pronouncing The Order : February 07, 2025 Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Assessee Against Separate Orders All Dated 28.04.2023 Passed By The Commissioner Of Income Tax (Appeals)-3, Patna [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2013-14, 2015-16 & 2016-17 Respectively. Since, The Issues Involved In All The Appeals 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, The Registry Has Informed That There Are Delays Of 106 Days In Filing All The Present Appeals. The Assessee Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause Which Was Beyond The Control Of The Assessee & The Delays Were Not Intentional. We, Therefore

Section 153CSection 250Section 263Section 271(1)(b)Section 273B

filing all the present appeals. The assessee filed applications for condonation of delay stating reasons for such delay. After considering the applications, we find reasonable cause which was beyond the control of the assessee and the delays were not intentional. We, therefore, I.T.A. Nos.301 to 303/Pat/2023 Assessment Years ... assessee could not substantiate his claim and no materials were produced to suggest that the assessee was prevented by reasonable cause to claim immunity u/s 273B of the Act. Accordingly, the ld. CIT(A) confirmed the penalty so imposed by the Assessing Officer by dismissing the appeal of the assessee

Narayani Educational Health and Charitable Trust, Patna vs. DCIT, Central Circle-2, Patna

Appeals of the assessee are allowed for statistical purposes

ITA 302/PAT/2023[2015-16]Status: DisposedITAT Patna07 Feb 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.301 To 303/Pat/2023 Assessment Years: 2013-14, 2015-16 & 2016-17 Narayani Educational Health & Charitable Trust……..………….……Appellant A/78, P. C Colony, Kankarbagh, Patna, Bihar-800020. [Pan: Aactn2955K] Vs. Dcit, Central Circle-2, Patna....….….. ……………….........……...…..…..Respondent Appearances By: Shri Rakesh Kumar, 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 05, 2025 Date Of Pronouncing The Order : February 07, 2025 Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Assessee Against Separate Orders All Dated 28.04.2023 Passed By The Commissioner Of Income Tax (Appeals)-3, Patna [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2013-14, 2015-16 & 2016-17 Respectively. Since, The Issues Involved In All The Appeals 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, The Registry Has Informed That There Are Delays Of 106 Days In Filing All The Present Appeals. The Assessee Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause Which Was Beyond The Control Of The Assessee & The Delays Were Not Intentional. We, Therefore

Section 153CSection 250Section 263Section 271(1)(b)Section 273B

filing all the present appeals. The assessee filed applications for condonation of delay stating reasons for such delay. After considering the applications, we find reasonable cause which was beyond the control of the assessee and the delays were not intentional. We, therefore, I.T.A. Nos.301 to 303/Pat/2023 Assessment Years ... assessee could not substantiate his claim and no materials were produced to suggest that the assessee was prevented by reasonable cause to claim immunity u/s 273B of the Act. Accordingly, the ld. CIT(A) confirmed the penalty so imposed by the Assessing Officer by dismissing the appeal of the assessee

Narayani Educational Health and Charitable Trust, Patna vs. DCIT, Central Circle-2, Patna

Appeals of the assessee are allowed for statistical purposes

ITA 301/PAT/2023[2013-14]Status: DisposedITAT Patna07 Feb 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. Nos.301 To 303/Pat/2023 Assessment Years: 2013-14, 2015-16 & 2016-17 Narayani Educational Health & Charitable Trust……..………….……Appellant A/78, P. C Colony, Kankarbagh, Patna, Bihar-800020. [Pan: Aactn2955K] Vs. Dcit, Central Circle-2, Patna....….….. ……………….........……...…..…..Respondent Appearances By: Shri Rakesh Kumar, 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 05, 2025 Date Of Pronouncing The Order : February 07, 2025 Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Assessee Against Separate Orders All Dated 28.04.2023 Passed By The Commissioner Of Income Tax (Appeals)-3, Patna [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2013-14, 2015-16 & 2016-17 Respectively. Since, The Issues Involved In All The Appeals 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, The Registry Has Informed That There Are Delays Of 106 Days In Filing All The Present Appeals. The Assessee Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause Which Was Beyond The Control Of The Assessee & The Delays Were Not Intentional. We, Therefore

Section 153CSection 250Section 263Section 271(1)(b)Section 273B

filing all the present appeals. The assessee filed applications for condonation of delay stating reasons for such delay. After considering the applications, we find reasonable cause which was beyond the control of the assessee and the delays were not intentional. We, therefore, I.T.A. Nos.301 to 303/Pat/2023 Assessment Years ... assessee could not substantiate his claim and no materials were produced to suggest that the assessee was prevented by reasonable cause to claim immunity u/s 273B of the Act. Accordingly, the ld. CIT(A) confirmed the penalty so imposed by the Assessing Officer by dismissing the appeal of the assessee