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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

Nagar Yuvak Shikshan Sanstha Airoli, Mumbai vs. The Commissioner of Income Tax (Exemption) Mumbai, Mumbai

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

ITA 1688/MUM/2024[2023-2024]Status: DisposedITAT Mumbai27 Jun 2024AY 2023-2024

Bench: Shri Amarjit Singh & Shri Raj Kumar Chauhan, Nagar Yuvak Shikshan Vs. The Commissioner Of Sanstha, Airoli, Income Tax (Exemption) Datta Meghe College Of Room No.601, 6Th Floor, Engineering, Sector 3 Cumbala Hill, Mtnl Tele Airoli Navi Building Pedder Road, Mumbai – 400708 Dr. Gopalrao Deshmukh Marg, Cumbala Hill Mumbai – 400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaatn1833A Appellant .. Respondent Appellant By : Manoj G. Moryani Respondent By : S. Srinivasu Date Of Hearing 20.06.2024 Date Of Pronouncement 27.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(Exemption) Of The Income Tax Act, 1961 For A.Y. 2023- 24. The Assessee Has Raised The Following Grounds Before Us: “1. The Ex-Parte Order Passed For Rejection Of Approval U/S. 80G Is Illegal, Invalid & Bad In Law; 2. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income (Exemption), Mumbai Has Issued Notice On Email Id, The Mail Id Belongs To Ex-Employee Shri Vijay Nerrulkar Who Was Retired & Notice Was Not Properly Served To The Assessee Trust, Therefore Rejection Of Approval & Passing Of Ex-Parte Order Is Unjustified, Unwarranted & Excessive;

For Appellant: Manoj G. MoryaniFor Respondent: S. Srinivasu
Section 10ASection 80G

Income Tax for the reason as discussed. In view of the above facts and circumstances it appear that there is reasonable cause for delay in filing the appeal by 330 days P a g e | 3 Nagar Yuvak Shikshan Sanstha Vs. The CIT(Exemptoin) because ex-parte order passed ... brought all these notices and communication to the notice of the assessee trust. We consider that there appear to be a reasonable cause for not making compliance before the commissioner of Income Tax (Exemption) for the reasons as discussed supra therefore we restore this case to the file

New Horizon Education Society, Navi Mumbai vs. The Commissioner of Income Tax(Exemption) Mumbai, Mumbai

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

ITA 1522/MUM/2024[2022-2023]Status: DisposedITAT Mumbai27 Jun 2024AY 2022-2023

Bench: Shri Amarjit Singh & Shri Raj Kumar Chauhan, New Horizon Education Vs. The Cit(Exemption) Society, Anand Nagar Room No.601, 6Th Floor, Kavesar, Ghodbunder Cumbala Hill, Mtnl Road, Thane, West, Building, Pedder Road, Thane – 400615 Dr. Gopalrao Deshmukh Marg, Cumbala Hill Mumbai – 400026 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aabtn2615F Appellant .. Respondent Appellant By : Manoj G. Moryani Respondent By : S. Srinivasu Date Of Hearing 19.06.2024 Date Of Pronouncement 27.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(Exemption) Of The Income Tax Act, 1961 For A.Y. 2022- 23. The Assessee Has Raised The Following Grounds Before Us: “1. The Ex-Parte Order Passed For Rejection Of Approval U/S 80G Is Illegal, Invalid & Bad In Law; 2. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income (Exemption), Mumbai Has Issued Notice On Email Id, The Mail Id Belongs To Ex-Employee Shri Vijay Nerulkar Who Was Retired & Notice Was Not Properly Served To The Assessee Trust, Therefore Rejection Of Approval & Passing Of Ex-Parte Order Is Unjustified, Unwarranted & Excessive; 3. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income (Exemption), Mumbai Has Made All The Correspondence As Well

For Appellant: Manoj G. MoryaniFor Respondent: S. Srinivasu
Section 10ASection 80G

Income Tax for the reason as discussed. In view of the above facts and circumstances it appear that there is reasonable cause for delay in filing the appeal by 324 days because ex-parte order passed by the ld. CIT(Exemption) was not P a g e | 3 New Horizon ... Horizon Education Society vs. The CIT(Exemption) communication to the notice of the assessee trust. We consider that there appear to be a reasonable cause for not making compliance before the commissioner of Income Tax (Exemption) for the reasons as discussed supra therefore we restore this case to the file