← 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

Vibha Subhash Singh, Kharghar vs. ITO Ward-2(2), Kalyan

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

ITA 3740/MUM/2023[2013-14]Status: DisposedITAT Mumbai29 Feb 2024AY 2013-14

Bench: Shri Kuldip Singh & Shri Amarjit Singhvibha Subhash Singh Vs. Income Tax Officer- 1601 Viswahans, Sector Nfac, Ward 2(2) 35D, Near Bank Of India, Mohan Plaza, 2Nd Floor, Kharghar – 410210 Wayale Nagar, Khadakpada, Kalyan (W), Kalyan - 421301 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Apsps5258R Appellant .. Respondent Appellant By : Rajeev Waglay Respondent By : S. Arunkumar Date Of Hearing 28.02.2024 Date Of Pronouncement 29.02.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 07.08.2023 For A.Y. 2013-14. The Assessee Has Raised The Following Grounds Before Us: “I. Confirming The Addition Of Rs. 24,97,500 U/S. 69 Of Income Tax Act, 1961 On The Ground That The Appellant Had Neither Tendered The Income Tax Return Nor The Details Of Investment As Stated By The Assessing Officer Without Appreciating The Fact That The Appellant Had Filed The Return Of Income In Response To Notice U/S. 148 On 21.9.2021 Under Acknowledgment No. 550248700210921 & That This Return Was Very Much Available On Income Tax Portal. Ii. Confirming The Above Addition Without Appreciating The Fact That When The Appellant Had Invested Of Rs. 14,00,000 Only In The Property, Higher Value Could Not Have Been Attributed To The Appellant Without Any Basis.

For Appellant: Rajeev WaglayFor Respondent: S. Arunkumar
Section 139(1)Section 144Section 147Section 148Section 250Section 69

only, therefore, there was marginal delay of 12 days in filing the appeal. 3. Heard both the sides and we find that there is reasonable cause for marginal delay of 12 days in filing the appeal on account of delay in downloading the order of the first appellate authority