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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

Shri Abhijit Uttamrao Deshmukh, Beed vs. ACIT, Circle-3, Aurangabad

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

ITA 1372/PUN/2024[2010-11]Status: DisposedITAT Pune31 Dec 2024AY 2010-11

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1372/Pun/2024 िनधा"रण वष" / Assessment Year : 2010-11 Shri Abhijit Uttamrao Vs. Acit, Circle-3, Deshmukh, Aurangabad. Vithal Niwas, Ganesh Par Road, Parli Vaijanath, Beed, Beed- 431515. Pan : Agwpd1032B Appellant Respondent Assessee By : Shri Dr. Prayag Jha Revenue By : Shri Amol Khairnar Date Of Hearing : 23.12.2024 Date Of Pronouncement 31.12.2024 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.05.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2010-11. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Ld Cit(A) Erred In Not Condoning The Delay & Dismissing The Appeal Without Considering The Reasons Causing Delay & Without Appreciating That The Assessee Being Chairman Of The Maharashtra Shetkari Sugar Mills Was Facing Multiple Litigations Relating To Financial Problems Of The Said Organization Which Was The Main Cause Of Delay, Apart From Others, In Filing Appeal.

For Appellant: Shri Dr. Prayag JhaFor Respondent: Shri Amol Khairnar
Section 144Section 147Section 148

raised the following grounds of appeal :- “1. The Ld CIT(A) erred in not condoning the delay and dismissing the appeal without considering the reasons causing delay and without appreciating that the assessee being chairman of the Maharashtra Shetkari Sugar Mills was facing multiple litigations relating to financial problems ... /NFAC without condoning the delay is unjustified. Ld. AR submitted before us that the assessee was prevented by sufficient and reasonable cause for not submitting the appeal within the time limit prescribed under the IT Act. It was submitted that the assessee was facing various civil cases pending in various

Rishi Khare, Hyderabad vs. ITO., Ward-12(6), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 827/HYD/2024[2020-21]Status: DisposedITAT Hyderabad30 Dec 2024AY 2020-21

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.827/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2020-21) Rishi Khare Vs. Ito, Ward-12(6) Hyderabad Hyderabad [Pan : Amjpk4465G] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Pankaj Sancheti, Ar रधजस् व द्वधरध/Revenue By:: Shri R.Kumaran, Dr सुिवधई की तधरीख/Date Of Hearing: 18/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.05.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre, Delhi, Pertaining To A.Y.2020-21. 2. At The Outset, It Is Observed That The Appeal Has Been Filed With A Delay Of 45 Days. The Assessee Filed A Petition For Condonation Of Delay & Submitted That The Assessee Was Not Informed Of The Issuance Of The Order Dated 13.05.2024 By The Ld.Cit(A) & He Was Under The Genuine Belief That The Matter

For Appellant: Shri Pankaj Sancheti, ARFor Respondent: : Shri R.Kumaran, DR
Section 139(1)Section 139(5)Section 143(1)Section 90

opposing the petition filed by the assessee submitted that the reason given by the assessee is vague in nature and does not come under reasonable cause for condoning the delay of 45 days in filing the appeal. Therefore, the delay in filing the appeal should not be condoned ... case of Muralikrishna Vaddi(supra) is concerned, we find there is a delay of more than two years without any valid and reasonable cause. Therefore, the said decision in our opinion cannot be applicable to the facts of the present case. In any case, when there are two view possible

Elumalai Sumathi, Bapatla vs. Income Tax Officer, Ward-1, Ongole

In the result, appeal filed by the assessee is partly allowed

ITA 1165/HYD/2024[2016-17]Status: DisposedITAT Hyderabad30 Dec 2024AY 2016-17

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1165/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2016-17) Elumalai Sumathi Vs. Income Tax Officer Bapatla Ward-1 [Pan :Abipe4083C] Ongole (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A.Sai Prasad, Ar रधजस् व द्वधरध/Revenue By:: Shri U.Mini Chandran, Dr सुिवधई की तधरीख/Date Of Hearing: 18/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.08.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre (Nfac), Delhi Pertaining To A.Y.2016-17 On The Following Grounds : 1. The Ld.Cit(A) Erred In Law & On Facts In Confirming The Addition Of Rs.36,60,000 As Unexplained Investment U/S 69 Of The Act After Having Admitted The Additional Evidence Filed By The Assessee Under Rule 46A. 2. Any Other Ground Or Grounds That May Be Urged At The Time Of Hearing.

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: : Shri U.Mini Chandran, DR
Section 142(1)Section 147Section 148Section 253(3)Section 69

assessee could file appeal before the Tribunal on 07.11.2024 with the delay of 07 days. We find that there is a reasonable cause for the assessee to file the appeal belatedly, therefore, we condone the delay and admit the appeal for hearing in the interest of justice. 5. The brief

Loveen Babu Vuppala, Secunderabad vs. ITO., Ward-9(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 1121/HYD/2024[2021-22]Status: DisposedITAT Hyderabad30 Dec 2024AY 2021-22

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.1121/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2021-22) Loveen Babu Vuppala Vs. Income Tax Officer Secunderabad Ward-9(1) [Pan : Alppv1796E] Hyderabad (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms.Aluru V Sai Sudha, Ar रधजस् व द्वधरध/Revenue By:: Shri R.Kumaran, Dr सुिवधई की तधरीख/Date Of Hearing: 19/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.08.2024 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], Kolkata, Pertaining To A.Y.2021-22 On The Following Grounds : 1. The Cit(A) Erred In Not Condoning The Delay & Not Admitting The Appeal 2. The Cit(A) Erred In Holding That There Was No Sufficient Cause For Condoning The Delay In Filing The Appeal

For Appellant: Ms.Aluru V Sai Sudha, ARFor Respondent: : Shri R.Kumaran, DR
Section 119(2)(b)Section 139(1)Section 143(1)Section 154Section 234A

rejecting the appeal filed by the assessee in limine, even though the assessee has explained the reasons for the delay, which comes under reasonable cause. Therefore, she submitted the delay in filing the appeal before the Ld.CIT(A) should be condoned and the appeal should be decided on merits ... foreign tax credit on the application filed by the assessee u/s 154 of the Act is bonafide and reasonable and further, it comes under reasonable cause as provided under the Act for condonation of delay. Therefore, in our considered view, the Ld.CIT(A) ought to have condoned the delay