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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

Chandre Gowda, Bangalore vs. Income Tax Officer, Ward-6(2)(2), Bangalore

In the result, appeal of the assessee is dismissed as unadmitted

ITA 29/BANG/2022[2014-15]Status: DisposedITAT Bangalore23 Nov 2022AY 2014-15

Bench: Shri N. V. Vasudevanassessment Year : 2014-15 Shri. Chandre Gowda, Vs. Cit (Appeals) - 7, No.655, Unnathi, 2Nd Cross, Hmt Bengaluru. Layout, R. T. Nagar, Bengaluru – 560 032. Pan : Adnpg 8890 J Appellant Respondent Assessee By : Shri. Balram R. Rao, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 23.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Of Cit(A)-7, Bengaluru, Dated 12.10.2017, Relating To Assessment Year 2014- 15. 2. There Is A Delay Of About 1501 Days In Filing The Above Appeal By The Assessee. The Order Of The Cit(A) Was Passed On 12.10.2017. Appeal Before The Tribunal Has To Be Filed Within 60 Days From The Date Of Service Of The Order Of Cit(A). In Form 36, The Assessee Has Given The Date Of Service Of Communication Of The Order As 11.10.2017 Which Is Obviously Not Correct. The Correct Date As Given In The Affidavit Filed By The Assessee For Condonation Of Delay In Filing The Appeal Is 09.12.2017 As The Date Of Service Of The Order Of The Cit(A) On The Assessee. We, Therefore, Proceed Under The Assumption That The Date Of Order Is The Date Of Service Of The Order On The Assessee. The Assessee Ought To Have Filed The Appeal Before The Page 2 Of 4

For Appellant: Shri. Balram R. Rao, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel

prevail over technicalities, inordinate delay coupled with lack of proper explanation from the assessee can only lead to an inference that there is no reasonable cause or satisfactory explanation for the delay in filing the appeal. The period of treatment is also as an out-patient in Bangalore Baptist Hospital

Shri. Arvind Mangilal Jain, Bengaluru vs. Income-Tax, Officer, Ward-5(1)(3), Bengaluru

In the result, appeal of the assessee is dismissed as unadmitted

ITA 180/BANG/2022[2015-16]Status: DisposedITAT Bangalore23 Nov 2022AY 2015-16

Bench: Shri N. V. Vasudevanassessment Year : 2015-16 Shri. Arvind Mangilal Jain, Vs. The Ito, No.11, 1St Floor, Chinnu Building, D S Ward – 5(1)(3), Lane, Chickpet, Bengaluru. Bengaluru – 560 002. Pan : Acopj 3142 L Appellant Respondent Assessee By : Shri. Balram R. Rao, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 23.11.2022 O R D E R This Is An Appeal By The Assessee Against The Order Of The Cit(A)-5, Bengaluru, Dated 26.06.2018, Relating To Assessment Year 2015-16. 2. There Is A Delay Of About 582 Days In Filing The Appeal By The Assessee. It Has Been Stated In The Affidavit Filed By The Assessee For Condonation Of Delay In Filing The Appeal That The Assessee Entrusted The Filing Of Appeal Before Cit(A) Against The Order Of Assessment Dated 22.12.2017 To Chartered Accountant (Ca) With Instructions To File The Appeal. The Affidavit Is Silent With Regard To The Date On Which The Papers Were Handed Over To The Ca. It Appears That The Assessee Did Not Contact The Ca Till The Ao Contacted The Assessee In January 2022 For Recovery Of Outstanding Demand & When He Informed That The Assessee That The Assessee’S Appeal Before Cit(A) Has Been Dismissed. Thereafter The Page 2 Of 3

For Appellant: Shri. Balram R. Rao, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel

Page 3 of 3 part of the assessee and therefore the delay in filing the appeal cannot be accepted as owing to reasonable cause. Hence, I refuse to condone the delay in filing the appeal and dismiss the appeal as unadmitted. 5. In the result, appeal of the assessee