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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

Sanjay Namdev Tilekar, Pune vs. Income Tax Officer, Ward 14(5) Pune, Pune

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

ITA 382/PUN/2024[2009-10]Status: DisposedITAT Pune05 Jun 2024AY 2009-10

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.382/Pun/2024 िनधा"रण वष" / Assessment Year: 2009-10 Sanjay Namdev Tilekar, Vs. Ito, Ward-14(5), Pune. Row House No.6, Manjari Green, Manjari Stud Farm, Phase One, Pune- 412307. Pan : Ahwpt3174F Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Sourabh Nayak Date Of Hearing : 29.05.2024 Date Of Pronouncement : 05.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.03.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2009-10. 2. The Present Appeal Is Filed Belatedly With 281 Days. The Appellant Furnished An Affidavit Along With Death Certificate Of His Wife, Praying For Condonation Of Delay Of 281 Days In The Circumstances Mentioned Therein. Ld. Dr Could Not Controvert The Averments Made In The Above Affidavit. We Are Of The Considered

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Sourabh Nayak
Section 143(3)Section 147Section 148Section 250(6)Section 54BSection 55A

controvert the averments made in the above affidavit. We are of the considered 2 opinion that the reasons mentioned by the assessee constitute reasonable cause for not filing the appeal within prescribed time. In the circumstances, the delay of 281 days is hereby condoned and the appeal is admitted

Rupmata Zilla Nagari Sahakari Pathsanstha Ltd., Osmanabad vs. Income Tax Officer, Ward-1, Latur

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

ITA 256/PUN/2024[2016-17]Status: DisposedITAT Pune05 Jun 2024AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.256/Pun/2024 िनधा"रण वष" / Assessment Year: 2016-17 Rupmata Zilla Nagari Sahakari Vs. Ito, Ward-1, Latur. Pathsanstha Ltd., Samarth Nagar, Osmanabad, Osmanabad- 413501. Pan : Aajfr0354D Appellant Respondent Assessee By : Shri Pratik Sandbhor Revenue By : Shri Sourabh Nayak Date Of Hearing : 27.05.2024 Date Of Pronouncement : 05.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.12.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law The Ld. C1T(A) Erred In Not Condoning The Delay In Filing Of Appeal In As Much As The Appellant Received The Impugned Order Dated 29/03/2022 Only On 23/08/2022. 2. On The Facts & In The Circumstances Of The Case & In Law The Assessing Officer Erred In Assessing The Total Income At Rs.3,79,38,930/-

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Sourabh Nayak
Section 142(1)Section 144Section 148Section 69A

Aggrieved with the above order the assessee is in appeal before this Tribunal. 6. Ld. AR submitted before us that there was sufficient and reasonable cause for not submitting the appeal with-in the prescribed time limit. The assessee with the help of an affidavit 4 submitted that