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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

Mehers Handloom Private Limited, Sonepur vs. ACIT-1 Central Circle, Bhubaneswar

In the result, appeals of the assessee stand partly allowed for statistical purposes

ITA 550/CTK/2024[2015-16]Status: HeardITAT Cuttack07 Jan 2025AY 2015-16

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalit(Ss)A Nos.01 To 06/Ctk/2024 /Ctk/2024 Assessment Years: 2009 Assessment Years: 2009 -10 To 2014-15 15 Assessment Year: 2015-16 Mehers Mehers Handloom Handloom Private Private Vs. Acit, Central Circle-1, Aayakar Acit, Central Circle Limited, Bada Bazar, Sonepur Limited, Bada Bazar, Sonepur Bhavan, Bhubaneswar. Bhavan, Bhubaneswar. Pan/Gir No.Aadcm 9443 P Aadcm 9443 P (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri Binod Kumar Agarwal, Ca Binod Kumar Agarwal, Ca Revenue By : Shri Saroj Kumar Dubey, Cit : Shri Saroj Kumar Dubey, Cit Dr Date Of Hearing : 07/01/20 2025 Date Of Pronouncement : 07/01/20 025 O R D E R Per Bench These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of The Ld Cit(A), Bhubaneswar Of The Ld Cit(A), Bhubaneswar-2 All Dated 26.10.2024 In Appeal No. In Appeal No.Cit(A), Bhubaneswar-2/10809/2017 2/10809/2017-18, Cit(A), Bhubaneswar-2/10810/2017 2/10810/2017-18, Cit(A), Cit(A), Bhubaneswar-2/10811/2017-18, Bhubaneswar Cit(A), Cit(A), Bhubaneswar Bhubaneswar- 2/10812/2017-18, 18, Cit(A), Bhubaneswar-2/10813/2017 2/10813/2017-18, Cit(A), Bhubaneswar-2/10814/2017 2/10814/2017-18 & Cit(A), Bhubaneswar 18 & Cit(A), Bhubaneswar-2/10815/2017- 18, For The Assessment Years 2009 Essment Years 2009-10 To 2015-16, Respectively. 16, Respectively.

For Appellant: Shri Binod Kumar Agarwal, CAFor Respondent: Shri Saroj Kumar Dubey, CIT

IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH

Fotdi Pashupalan Mandal, Fotdi vs. The Income Tax Officer Ward 1, Gandhidham

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

ITA 64/RJT/2024[2018-19]Status: DisposedITAT Rajkot06 Jan 2025AY 2018-19

Bench: Dr.Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./I.T.A. No.64/Rjt/2024 ("नधा"रणवष" / Assessment Year: 2018-19) बनाम/ Fotdi Pashupalan Mandal The Income Tax Officer, Fotdi, B.O, Fotdi, Ward 1, Vs. Kachchh -370040 Income Tax Office, Plot No. 32, Sector – 3, Nr. Iffco Colony, Gandhidham Gujarat- 370201 "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaaaf4643B (अपीलाथ"/Appellant) .. (""यथ" / Respondent) अपीलाथ"क" ओरसे/ Appellant By : Shri Jignesh Parikh, Ld. Ar ""यथ"क"ओरसे/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing 16/10/2024 घोषणाक"तार"ख /Date Of Pronouncement 06/01/2025 आदेश / O R D E R Per Shridinesh Monhan Sinha, Judicialmember : Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 28/11/2023, Which In Turn Assessment Order Passed By Assessment Unit, Income Tax Department / Assessing Officer Under Section 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Shri Jignesh Parikh, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144Section 147

disposed of the appeal of the appellant by observing that appellant fail to furnish sufficiently and Fotdi Pashupalan Mandal Kutchh reasonable cause to delay of 50/51 days. Hence, the appeal is not admitted for hearing as the appeal is barred by limitation, the appeal is dismissed. The assessee has filed