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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

Bajaj Steel Industries Ltd., Nagpur vs. Director of Income Tax, Nagpur

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

ITA 56/NAG/2023[2018-19]Status: DisposedITAT Nagpur10 Apr 2024AY 2018-19

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.56/Nag/2023 िनधा"रणवष" / Assessment Year :2018-19 Bajaj Steel Industries Ltd., The Director Of Income C-108, Hingna Road, Midc V Tax, Industrial Area, Hingna, S Intelligence & Criminal Investigation, 3Rd Floor, Nagpur – 440028. Pan: Aaacb5340H Room No.301, Aayakar Bhawan, Civil Lines, Nagpur – 440001. Appellant/ Assessee Respondent/Revenue Assessee By Shri Rajesh Loya – Ca-Ar Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 27/03/2024 Date Of Pronouncement 10/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals) Passed U/S250 Of The Income Tax Act, 1961 Emanating From The Penalty Order Under Section 271Fa Of The Act Dated 27.09.2019 Passed By Director Of Income Tax(Intelligence & Bajaj Steel Industries Ltd., [A]

Section 2Section 250Section 27Section 271FSection 285Section 285B

Report as per prescribed time limit u/s. 285BA r.w.s. 114E of the Act. On the facts and circumstances of the case, there was a reasonable cause for delay and the assessee has complied with the law subsequently and therefore the penalty levied is unjustified and improper. 4. That

Radha Diamonds, Erode vs. ITO, Circle-1, Erode

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

ITA 729/CHNY/2023[2017-18]Status: DisposedITAT Chennai05 Apr 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.729/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 Radha Diamonds, Vs. The Income Tax Officer, 371, Nethaji Road, Circle 1, Erode. Erode 638 001, Tamil Nadu. [Pan:Aaifr0066K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri V. Nandakumar, Cit सुनवाई की तारीख/ Date Of Hearing : 27.03.2024 घोषणा की तारीख /Date Of Pronouncement : 05.04.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Coimbatore-1, Coimbatore, Dated 23.03.2022 Relevant To The Assessment Year 2017-18 Passed Under Section 263 Of The Income Tax Act, 1961[“Act” In Short].

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri V. Nandakumar, CIT
Section 142(1)Section 143(2)Section 263

days of delay in filing the appeal. By referring to the above affidavit, the ld. Counsel for the assessee has submitted that there is reasonable cause for the delay and the delay in filing the appeal is neither 3 I.T.A. No.729/Chny/23 wilful nor wanton and prayed for condonation of delay

Mahesh Kudaravalli, Tenali vs. Income Tax Officer, Ward-1, Tenali

In the result, appeal of the assessee is allowed

ITA 230/VIZ/2022[2017-18]Status: DisposedITAT Visakhapatnam04 Apr 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.230/Viz/2022 (निर्धारणवर्ा/ Assessment Year : 2017-18) Mahesh Kudaravalli, Vs. Income Tax Officer, Tenali. Ward-1, Pan: Bbppk 3773 H Tenali. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri Gvn Hari, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Aparna Villuri, Sr. Ar सुिवधईकीतधरीख/ Date Of Hearing : 27/03/2024 घोर्णधकीतधरीख/Date Of : 04/04/2024 Pronouncement O R D E R Pers. Balakrishnan:

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 142(1)Section 143(2)Section 143(3)Section 269SSection 271DSection 273BSection 274Section 69A

provisions of section 271D may be liberally viewed by applying the provisions of section 273B of the Act as there was a ‘reasonable cause’ in having bonafide belief to the appellant. The appellate authority ought to have accepted the contentions of the appellate and allowed the appeal by granting relief ... capital gains to tax. Further, the explanation given by the assessee for receipt of sale consideration of Rs. 10,00,000/- constitutes a “reasonable cause” as contemplated in section 273B of the Act and the assessee has accepted the cash under inevitably unavoidable circumstances as explained