← 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

Poonam Rahul Anand, Nashik vs. ITO Ward 1(1), Nashik

Appeal of the assessee is allowed for statistical purpose

ITA 2147/PUN/2024[2015-16]Status: DisposedITAT Pune23 Dec 2024AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2147/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Poonam Rahul Anand, V The Income Tax Officer, Anands Plot No.70, S Ward-1(1), Nashik. Niwas River View, Savarkar Nagar, Gangapur Road, Nashik – 422007. Pan: Addpa4704D Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket Joshi – Ar Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 16/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] U/Sec.250 Of The Income Tax Act, 1961; Dated 16.07.2024 For The A.Y.2015-16. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A) Erred In Dismissing The Appeal In Limine By Refusing To Condone The Delay Of 224 Days In Filing The Appeal Against The Asst. Order U/S 147 Without Appreciating That The Said Delay Was Due To Reasonable Cause & The Same Ought To Have Been Condoned In The Interest Of Justice.

Section 147Section 148Section 250

delay of 224 days in filing the appeal against the asst. order u/s 147 without appreciating that the said delay was due to reasonable cause and the same ought to have been condoned in the interest of justice. 2. The learned CIT(A) failed to appreciate that the appellant lady

Prakashbapu Patil Gramin Bigar Sheti Sahakari Pat Sanstha Ltd, Sangli vs. ACIT, Circle Sangli, Sangli

In the result, appeal of the assessee in ITA

ITA 1327/PUN/2024[2015-16]Status: DisposedITAT Pune23 Dec 2024AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1324, 1326 & 1327/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14, 2015-16 & 2014-15 Prakashbapu Patil Gramin V The Acit, Bigar Sheti Sahakari Pat S Circle-Sangli. Sanstha Ltd., Sahakari Pat Sanstha Ltd., Savali Miraj, Sangli – 416410. Maharashtra. Pan: Aaaap1616N Appellant/ Assessee Respondent / Revenue Assessee By Smt. Deepa Khare – Ar Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 19/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Years 2013-14, 2015-16 & 2014-15; Dated 09.04.2024, 10.04.2024 & 09.04.2024 Respectively; Passed U/Sec.250 Of The Income Tax Act, 1961. Since The Issue Involved Is Common, All These Three Appeals Were Heard Together

Section 139(1)Section 250Section 269TSection 271ESection 273

engaged in the providing credit facilities and the transactions were genuine carried out during the ordinary course of business and was prevented by reasonable cause within the meaning of Section 2738. 4. The appellant craves to add, alter, modify or substitute any ground of appeal at the time of hearing

Prakashbapu Patil Gramin Bigar Sheti Sahakari Pat Sanstha Ltd, Sangli vs. ACIT, Circle Sangli, Sangli

In the result, appeal of the assessee in ITA

ITA 1326/PUN/2024[2014-15]Status: DisposedITAT Pune23 Dec 2024AY 2014-15

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1324, 1326 & 1327/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14, 2015-16 & 2014-15 Prakashbapu Patil Gramin V The Acit, Bigar Sheti Sahakari Pat S Circle-Sangli. Sanstha Ltd., Sahakari Pat Sanstha Ltd., Savali Miraj, Sangli – 416410. Maharashtra. Pan: Aaaap1616N Appellant/ Assessee Respondent / Revenue Assessee By Smt. Deepa Khare – Ar Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 19/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Years 2013-14, 2015-16 & 2014-15; Dated 09.04.2024, 10.04.2024 & 09.04.2024 Respectively; Passed U/Sec.250 Of The Income Tax Act, 1961. Since The Issue Involved Is Common, All These Three Appeals Were Heard Together

Section 139(1)Section 250Section 269TSection 271ESection 273

engaged in the providing credit facilities and the transactions were genuine carried out during the ordinary course of business and was prevented by reasonable cause within the meaning of Section 2738. 4. The appellant craves to add, alter, modify or substitute any ground of appeal at the time of hearing

Prakashbapu Patil Gramin Bigar Sheti Sahakari Pat Sanstha Ltd, Sangli vs. ACIT, Circle Sangli, Sangli

In the result, appeal of the assessee in ITA

ITA 1324/PUN/2024[2013-14]Status: DisposedITAT Pune23 Dec 2024AY 2013-14

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1324, 1326 & 1327/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14, 2015-16 & 2014-15 Prakashbapu Patil Gramin V The Acit, Bigar Sheti Sahakari Pat S Circle-Sangli. Sanstha Ltd., Sahakari Pat Sanstha Ltd., Savali Miraj, Sangli – 416410. Maharashtra. Pan: Aaaap1616N Appellant/ Assessee Respondent / Revenue Assessee By Smt. Deepa Khare – Ar Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 19/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Years 2013-14, 2015-16 & 2014-15; Dated 09.04.2024, 10.04.2024 & 09.04.2024 Respectively; Passed U/Sec.250 Of The Income Tax Act, 1961. Since The Issue Involved Is Common, All These Three Appeals Were Heard Together

Section 139(1)Section 250Section 269TSection 271ESection 273

engaged in the providing credit facilities and the transactions were genuine carried out during the ordinary course of business and was prevented by reasonable cause within the meaning of Section 2738. 4. The appellant craves to add, alter, modify or substitute any ground of appeal at the time of hearing