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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

Nomura Research Institute Financial Technologies India Pvt. Ltd., Kolkata vs. DCIT, Cir. -1(1), Kolkata

ITA 477/KOL/2024[2021-22]Status: DisposedITAT Kolkata30 Oct 2024AY 2021-22

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.477/Kol/2024 Assessment Year: 2021-22 Nomura Research Institute Financial Technologies India Pvt. Ltd.…..……Appellant 22Nd Floor, Ps Srijan Corporate Park, Tower I, Block-Ep & Gp, Sector-V, Salt Lake, Sech Bhawan, S.O. North 24 Parganas, West Bengal-700091. [Pan: Aadca8967A] Vs. Dcit, Circle-1(1), Kolkata............…..….…..….........……........……...…..…..Respondent Appearances By: Shri P. Jhunjhunwala, Advocate, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 28, 2024 Date Of Pronouncing The Order : October 30, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 10.01.2024 Of The Commissioner Of Income Tax (Appeals), Aurangabad [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 15.03.2022 By Declaring Total Income Of Rs.15,22,38,899/-. An Intimation Was Received U/S 143(1) Of The Act Dated 27.10.2022 Issued By Cpc, Bengaluru For Assessment Year 2021-22. This Order Included Disallowance Of Rs.14,92,802/- To The Income Of The Assessee, Thereby Determining The Total Income At Rs.15,37,31,700/-. The Disallowance Was Made On Account Of Delay In Depositing The Provident Fund (Pf) Contribution, Which Was Considered As A Default.

Section 143(1)Section 250

April 2020 and May 2020, which fell in the period of lockdown when pandemic of Covid-19 was at its peak considering the reasonable cause and unavoidable circumstances preventing the assessee to deposit employees’ contribution on or before the due date. 6. On the other hand, the ld. DR opposed

M/S Gymkhana Club, Panchkula vs. ITO, W-3, Panchkula

In the result, the appeal of the assessee is allowed

ITA 1305/CHANDI/2018[2009-10]Status: DisposedITAT Chandigarh28 Oct 2024AY 2009-10

Bench: Shri A.D.Jain, Vice Prersident & Shri Vikram Singh Yadavआयकर अपील सं./Ita No 1305/Chd/2018 िनधा"रण वष" / Assessment Year : 2009-10 M/S Gymkhana Club, Vs The Ito, Sector 6, Ward-3, Panchkula. Panchkula. "थायी लेखा सं./Pan No: Aaaag0115B अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रती क" ओर से/Assessee By: Shri S.K.Mukhi, Advocate राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Jcit, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 07.10.2024 उदघोषणा क" तारीख/Date Of Pronouncement : 28/10/2024 Physical Hearing आदेश/Order Per Vikram Singh Yadav,A.M.

For Appellant: Shri S.K.Mukhi, AdvocateFor Respondent: Shri Vivek Vardhan, JCIT, Sr.DR
Section 234B

submitted that there is a substantial delay in filing the preset appeal and the assessee A.Y. 2009-2010 4 has not submitted reasonable cause explaining the delay. 2.4 Afte r hearing both the parties and considering the material available on the record including the Affidavit of the Counsel ... assessee which has been placed on record, we find that the assessee had reasonable cause for the delay in filing the present appeal due to oversight at the end of the Counsel who was handling multiple appeals and appearance before the Hon’ble High Court as well as the Coordinate

Mahamadbhai Rahemanbhai Makwana, Ahmedabad vs. The ITO, Ward-3(1)(2), Ahmedabad

ITA 1544/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad28 Oct 2024AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 1543/Ahd/2024 & 1544/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Mahamadbhai Rahemanbhai The Ito बनाम/ Makwana Ward-3(1)(2) V/S. Prop. Of Master Platers Ahmedabad – 380 015 Udhyognagar Tavdipura, Shahibaug Ahmedabad – 380 004 (Gujarat) "थायी लेखा सं./Pan: Aktpm 2009 E अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri P.F. Jain, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/10/2024 घोषणा की तारीख /Date Of Pronouncement: 28/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri Nitin Vishnu Kulkarni, Sr.DR
Section 143(1)Section 143(3)Section 144BSection 270ASection 56(2)(x)

initio, time barred and in absence of any justified reasons without considering the reason that any default on the part of counsel is a reasonable cause as per the proposition laid down by the Honorable Supreme court. 3. He has grievously erred in law and facts in not deciding ... facts of the assessee the appeal ought to have been decided on merit by condoning the delay occurring on account of reasonable cause and the appeal ought not to have been held as not maintainable ab - initio. 10. Appellant craves leave to add, to alter and or modify any ground

Mahamadbhai Rahemanbhai Makwana, Ahmedabad vs. The ITO, Ward-3(1)(2), Ahmedabad

ITA 1543/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad28 Oct 2024AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 1543/Ahd/2024 & 1544/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Mahamadbhai Rahemanbhai The Ito बनाम/ Makwana Ward-3(1)(2) V/S. Prop. Of Master Platers Ahmedabad – 380 015 Udhyognagar Tavdipura, Shahibaug Ahmedabad – 380 004 (Gujarat) "थायी लेखा सं./Pan: Aktpm 2009 E अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri P.F. Jain, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/10/2024 घोषणा की तारीख /Date Of Pronouncement: 28/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri Nitin Vishnu Kulkarni, Sr.DR
Section 143(1)Section 143(3)Section 144BSection 270ASection 56(2)(x)

initio, time barred and in absence of any justified reasons without considering the reason that any default on the part of counsel is a reasonable cause as per the proposition laid down by the Honorable Supreme court. 3. He has grievously erred in law and facts in not deciding ... facts of the assessee the appeal ought to have been decided on merit by condoning the delay occurring on account of reasonable cause and the appeal ought not to have been held as not maintainable ab - initio. 10. Appellant craves leave to add, to alter and or modify any ground