← 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

Unitech Fabricators & Engineers Pvt. Ltd., Kolkata vs. ITO, Ward-6(1), Kolkata

In the result, the captioned appeals are treated as allowed for statistical purposes

ITA 73/KOL/2024[2013-14]Status: DisposedITAT Kolkata24 Jun 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.72&73/Kol/2024 Assessment Years: 2013-14 Unitech Fabricators & Engineers Pvt. Ltd................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan:Aaacu5211A] Vs. Ito, Ward-6(1), Kolkata…….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 22, 2024 Date Of Pronouncing The Order : June 24 , 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Filed By The Assessee Against The Separate Orders Dated 04.01.2024 & 05.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Has Been Preferred Assailing The Confirmation Of Quantum Additions Made By The Assessing Officer, Whereas, Ita No.73/Kol/2024 Is Against The Confirmation Of Penalty Levied By The Assessing Officer U/S 271(1)(C) Of The Act, Which Is Consequential To The Quantum Additions Contested By The Assessee In Appeal No.72/Ko/2024. We First Take Quantum Appeal In Ita No.72/Kol/2024. I.T.A. No.72&73/Kol/2024 Assessment Years: 2013-14 Unitech Fabricators & Engineers Pvt. Ltd

Section 143(3)Section 250Section 271(1)(c)

order of the CIT(A). 4. Considering the rival submissions, in our view, the assessee has explained that due to the aforesaid reasonable cause and circumstances, the assessee could not file appeal before the CIT(A) within the prescribed limitation period. Considering the above submissions of the assessee which

Unitech Fabricators & Engineers Pvt. Ltd., Kolkata vs. ITO, Ward-6(1), Kolkata

In the result, the captioned appeals are treated as allowed for statistical purposes

ITA 72/KOL/2024[2013-14]Status: DisposedITAT Kolkata24 Jun 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.72&73/Kol/2024 Assessment Years: 2013-14 Unitech Fabricators & Engineers Pvt. Ltd................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan:Aaacu5211A] Vs. Ito, Ward-6(1), Kolkata…….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 22, 2024 Date Of Pronouncing The Order : June 24 , 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Filed By The Assessee Against The Separate Orders Dated 04.01.2024 & 05.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Has Been Preferred Assailing The Confirmation Of Quantum Additions Made By The Assessing Officer, Whereas, Ita No.73/Kol/2024 Is Against The Confirmation Of Penalty Levied By The Assessing Officer U/S 271(1)(C) Of The Act, Which Is Consequential To The Quantum Additions Contested By The Assessee In Appeal No.72/Ko/2024. We First Take Quantum Appeal In Ita No.72/Kol/2024. I.T.A. No.72&73/Kol/2024 Assessment Years: 2013-14 Unitech Fabricators & Engineers Pvt. Ltd

Section 143(3)Section 250Section 271(1)(c)

order of the CIT(A). 4. Considering the rival submissions, in our view, the assessee has explained that due to the aforesaid reasonable cause and circumstances, the assessee could not file appeal before the CIT(A) within the prescribed limitation period. Considering the above submissions of the assessee which