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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

Dhanesh Jyotindra Kothari, Mumbai Suburban vs. Income Tax Office(It)-3(1)(1), Mumbai

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

ITA 2952/MUM/2023[2014-15]Status: DisposedITAT Mumbai01 Nov 2023AY 2014-15

Bench: Shri Pavan Kumar Gadaleita No. 2952 & 2951/Mum/2023 (A.Y: 2014-15 & 2015-16) Dhanesh Jyotindra Vs. Ito (It) – 3(1)(1), Kothari,A-Wing, Flat No. Air India Bldg, 6, Mahavir Krupa, Nariman Point, Vallabh Baug Lane, Mumbai-400021. Extn. Ghatkopar (E), Mumbai-4000077 Pan/Gir No. : Adapk9004H Appellant .. Respondent Appellant By : Shri.Kirit.S.Sanghvi.Ar Respondent By : Shri. G.J.Ninawe. Sr. Dr Date Of Hearing 01.11.2023 Date Of Pronouncement 03.11.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Two Appeals Are Filed By The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Nfac)/Cit(A) Passed U/Sec 147 R.W.S 144C & U/Sec 250 Of The Act.

For Appellant: Shri.Kirit.S.Sanghvi.ARFor Respondent: Shri. G.J.Ninawe. Sr. DR
Section 147Section 148

compliance by the assessee in spite of providing adequate opportunity of hearing and the delay in filling the appeal was not explained with the reasonable cause. Whereas the assessee has raised grounds of appeal challenging the addition by the A.O and there could be various reasons for no proper compliance ... files the appeal, i.e., without losing any time’’. 7. Considering the facts, provisions and the contents of the application found that there is a reasonable cause explained and there is no benefit is derived in causing delay in filing appeal before the CIT(A). Whereas the Hon’ble Supreme Court

Income Tax Officer-12(1)(1), Mumbai vs. Ankita Reality and Development Private Limited, Mumbai

In the result, the appeal of the revenue as well as CO of the assessee are dismissed

ITA 2212/MUM/2023[2015-2016]Status: DisposedITAT Mumbai31 Oct 2023AY 2015-2016

Bench: Shri Aby T. Varkey, Jm & Shri Prashant Maharishi, Am आयकर अपील सं/ I.T.A. No.2212/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2015-16) Ito-12(1)(1) बिधम/ Ankita Reality & Room No.129 1St Floor, Development Pvt. Ltd. Vs. Aayakar Bhavan, M. H. Cts-40-44, Sahara India Road, Mumbai-400020. Points, Sv Road, Goregaon West, Mumbai- 400104. Cross Objection No. 106/Mum/2023 Arising Out Of I.T.A. No.2212/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2015-16) Ankita Reality & बिधम/ Ito-12(1)(1) Room No.129 1St Floor, Development Pvt. Ltd. Vs. Cts-40-44, Sahara India Aayakar Bhavan, M. H. Points, Sv Road, Goregaon Road, Mumbai-400020. West, Mumbai-400104. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaeca4513D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Siddharth Srivastave/Ms. Ekta Shah Revenue By: Shri Manoj Kumar Sinha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 17/10/2023 घोषणा की तारीख /Date Of Pronouncement: 31/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue & The Cross- Objection (Co) Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 19.04.2023 For The Ay 2015-16. 2. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Penalty Levied U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Pointed Out That Assessee Had Not 2 Co. No.106/M/23 A.Y. 2015-16 Ankita Reality & Development Pvt. Ltd. Filed The Return Of Income U/S 139(1) Of The Act. & The Cross- Objection (Co) Has Been Filed By The Assessee, Supporting The Action Of The Ld Cit(A), As Well As Has Raised Certain Legal Issues.

For Appellant: Shri Siddharth Srivastave/Ms. EktaFor Respondent: Shri Manoj Kumar Sinha (Sr. AR)
Section 139(1)Section 139(4)Section 147Section 148Section 194CSection 271(1)Section 271(1)(c)Section 274

reduce the tax liability, then levy of penalty for this intention of the appellant to reduce the tax liability can be considered as a reasonable cause. In this case, the assessee was not found to have concealed particulars of income which were later brought to tax by AO during