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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

Ojin Bakers & Restaurant, Kozhikode vs. The ITO Ward 1(1), Kozhikode

In the result, ITA No. 181/Coch/2023 is allowed for statistical purposes, and ITA Nos

ITA 183/COCH/2023[2014-15]Status: DisposedITAT Cochin28 Aug 2023AY 2014-15

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Dasojin Bakes The Income Tax Officer 1/4780, A.B.C.D.E.G. Ward – 1(1), Kozhikode Dhana Plaza, West Nadakkavu Vs. Kozhikode 673011 [Pan:Abjfs8500K] (Appellant) (Respondent) Ojin Bakers, Medical College The Income Tax Officer 30/72/F, Kozhikode Medical Ward – 1(1), Kozhikode Vs. College, Kozhikode 673008 [Pan:Aacfo6978M] (Appellant) (Respondent) Ojin Bakes & Restaurant The Income Tax Officer 213761/F-5,G36, Happy Tower Ward – 1(1), Kozhikode Vattakkinar, Post Arts College Vs. Meenchanda, Kozhikode 673011 [Pan: Aabfo8886D] (Appellant) (Respondent) Appellant By: Shri R. Krishnan, Ca Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 12.07.2023 Date Of Pronouncement: 28.08.2023

For Appellant: Shri R. Krishnan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 133ASection 139(1)Section 143(3)Section 271BSection 273BSection 44A

record. 3.1 The default of delay in filing the TAR being admitted, the issue arising is if the assessee/s has been able to demonstrate reasonable cause for the said delay 2 ITA Nos. 181 to 183/Coch/2023 (AY: 2014-15) Ojin Bakes &Ors. vs. ITO which, where so, would save ... assessees’ legal plea first as, where approved, it might not be necessary to examine the levy of penalty from the stand-point of reasonable cause u/s. 273B. The requirement of furnishing TAR u/s.44AB stands delinked from the filing of the return of income by Finance Act, 1995, w.e.f. 01.07.1995. Reference

Ojin Bakers, Medical College, Kozhikode vs. ITO Ward 1(1), Kozhikode

In the result, ITA No. 181/Coch/2023 is allowed for statistical purposes, and ITA Nos

ITA 182/COCH/2023[2014-15]Status: DisposedITAT Cochin28 Aug 2023AY 2014-15

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Dasojin Bakes The Income Tax Officer 1/4780, A.B.C.D.E.G. Ward – 1(1), Kozhikode Dhana Plaza, West Nadakkavu Vs. Kozhikode 673011 [Pan:Abjfs8500K] (Appellant) (Respondent) Ojin Bakers, Medical College The Income Tax Officer 30/72/F, Kozhikode Medical Ward – 1(1), Kozhikode Vs. College, Kozhikode 673008 [Pan:Aacfo6978M] (Appellant) (Respondent) Ojin Bakes & Restaurant The Income Tax Officer 213761/F-5,G36, Happy Tower Ward – 1(1), Kozhikode Vattakkinar, Post Arts College Vs. Meenchanda, Kozhikode 673011 [Pan: Aabfo8886D] (Appellant) (Respondent) Appellant By: Shri R. Krishnan, Ca Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 12.07.2023 Date Of Pronouncement: 28.08.2023

For Appellant: Shri R. Krishnan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 133ASection 139(1)Section 143(3)Section 271BSection 273BSection 44A

record. 3.1 The default of delay in filing the TAR being admitted, the issue arising is if the assessee/s has been able to demonstrate reasonable cause for the said delay 2 ITA Nos. 181 to 183/Coch/2023 (AY: 2014-15) Ojin Bakes &Ors. vs. ITO which, where so, would save ... assessees’ legal plea first as, where approved, it might not be necessary to examine the levy of penalty from the stand-point of reasonable cause u/s. 273B. The requirement of furnishing TAR u/s.44AB stands delinked from the filing of the return of income by Finance Act, 1995, w.e.f. 01.07.1995. Reference

Ojin Bakers, Kozhikode vs. The ITO Ward 1(1), Kozhikode

In the result, ITA No. 181/Coch/2023 is allowed for statistical purposes, and ITA Nos

ITA 181/COCH/2023[2014-15]Status: DisposedITAT Cochin28 Aug 2023AY 2014-15

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Dasojin Bakes The Income Tax Officer 1/4780, A.B.C.D.E.G. Ward – 1(1), Kozhikode Dhana Plaza, West Nadakkavu Vs. Kozhikode 673011 [Pan:Abjfs8500K] (Appellant) (Respondent) Ojin Bakers, Medical College The Income Tax Officer 30/72/F, Kozhikode Medical Ward – 1(1), Kozhikode Vs. College, Kozhikode 673008 [Pan:Aacfo6978M] (Appellant) (Respondent) Ojin Bakes & Restaurant The Income Tax Officer 213761/F-5,G36, Happy Tower Ward – 1(1), Kozhikode Vattakkinar, Post Arts College Vs. Meenchanda, Kozhikode 673011 [Pan: Aabfo8886D] (Appellant) (Respondent) Appellant By: Shri R. Krishnan, Ca Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 12.07.2023 Date Of Pronouncement: 28.08.2023

For Appellant: Shri R. Krishnan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 133ASection 139(1)Section 143(3)Section 271BSection 273BSection 44A

record. 3.1 The default of delay in filing the TAR being admitted, the issue arising is if the assessee/s has been able to demonstrate reasonable cause for the said delay 2 ITA Nos. 181 to 183/Coch/2023 (AY: 2014-15) Ojin Bakes &Ors. vs. ITO which, where so, would save ... assessees’ legal plea first as, where approved, it might not be necessary to examine the levy of penalty from the stand-point of reasonable cause u/s. 273B. The requirement of furnishing TAR u/s.44AB stands delinked from the filing of the return of income by Finance Act, 1995, w.e.f. 01.07.1995. Reference