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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

Sabari Foundation Pvt. Ltd., Chennai vs. ITO, Corporate Ward-6(1), Chennai

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

ITA 2702/CHNY/2024[2015-16]Status: DisposedITAT Chennai20 Dec 2024AY 2015-16

Bench: Shri George George Kand Shri Jagadishआयकर अपील सं./Ita No.: 2702/Chny/2024 िनधा"रण वष"/Assessment Year:2015-16 Sabari Foundation Pvt. Ltd., The Income Tax Officer, Old No.5, New No.9, Vs. Corporate Ward 6(1), Seethammal Colony Extn., Chennai. Teynampet, Chennai – 600 018. Pan: Aaecs 0298R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri R. Clement Ramesh Kumar,Cit सुनवाई क" तारीख/Date Of Hearing : 19.12.2024 घोषणा क" तारीख/Date Of Pronouncement : 20.12.2024 आदेश /O R D E R Per George George K: This Appeal At The Instance Of The Assessee Is Directed Against Cit(A) - Nfac Order Dated 20.06.2022, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2015-16. 2. There Is A Delay Of 795 Days In Filing This Appeal. The Assessee Company Has Filed A Petition For Condonation Of Delay Stating Therein The Reasons For Belated Filing Of This Appeal Along With Affidavit Of The Director Of The Assessee Company. The Reasons Stated In The Condonation Petition For Belated Filing Of This Appeal Are As Under:- “The Managing Director Of The Appellant Company Aged Around 59 Years Old Was Unwell Owing To Multiple Business Failures & Closed Businesses & The Appellant Company Was Also Closed & Deleted/Struck Off From The Roc, Chennai Vide Order Dated 09.08.2018 Due To Which There Were No Employees In The Company During The Pendency Of The First Appeal Proceedings.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar,CIT
Section 250

circumstances beyond the control of the appellant and pleads that the delay of 785 days in filing the appeal may be condoned considering the reasonable cause explained by the Petitioner /Appellant for adjudication of issues on merits in the interest of justice.” 3. On perusal of the aforesaid reason stated

Punjab Agricultual University, Ludhiana vs. Commissioner of Income Tax Exemptions, Chandigarh

In the result, Assessee’s appeal for A

ITA 661/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh18 Dec 2024AY 2018-19

Bench: Shri Krinwant Sahay & Shri Paresh M. Joshi, Judical Member आयकर अपील सं./ Ita No. 661/Chd/2024 "नधा"रण वष" / Assessment Year : 2018-19 Punjab Agriculture University, Vs. Dy. Commissioner Of बनाम Thapar Hall, Income Tax (Exemptions), Ferozepur Road, Chandigarh Ludhiana "थायी लेखा सं./Pan No: Aaabp0216H अपीलाथ"/ Appellant ""यथ"/ Repsondent & आयकर अपील सं./ Ita No. 492/Chd/2024 "नधा"रण वष" / Assessment Year : 2019-20 Punjab Agriculture University, Vs. Dy. Commissioner Of Thapar Hall, बनाम Income Tax (Exemptions), Ferozepur Road, Chandigarh Ludhiana "थायी लेखा सं./Pan No: Aaabp0216H अपीलाथ"/ Appellant ""यथ"/ Repsondent (Hybrid Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate, राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 09.12.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 18.12 .2024 आदेश/Order Per Krinwant Sahay, A.M.: The Appeal In These Cases Have Been Filed By The Assessee Against The Order Dated 09.05.2022 For Assessment Year 2018-19 Order

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR

which, following the judgment of the Apex Court, it has been held that the delay should be condoned where the assessee has a reasonable cause and also that if there is a mistake of the counsel that is a good reason for condonation of delay. Reliance has been placed