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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

Shahul Hameed, Chennai vs. ACIT, Non Corp Cir-2, Chennai

In the result, appeals filed by the assessee are dismissed as not

ITA 217/CHNY/2019[2013-14]Status: DisposedITAT Chennai28 Sept 2022AY 2013-14

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.214 & 215 To 217/Chny/2019 िनधा"रण वष" /Assessment Years: 2008-09 & 2011-12 To 2013-14 V. Mr.Shahul Hameed, The Asst. Commissioner- No.17/8-A, Of Income Tax, Gopathy Narayana Chetty Street, Non-Corporate Circle-2, Mylapore, Chennai. Chennai. [Pan: Dyzps 2897 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.T.Vasudevan, Adv. ""यथ" क" ओर से /Respondent By : Mr.Guru Bashyam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 19.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022 आदेश / O R D E R

For Respondent: Mr.Guru Bashyam, CIT-DR

Courts are well equipped with power to condone the delay, if the assessee explains the delay in filing of the appeals with a reasonable cause. However, there is no law or mandate in the Act, to condone the delay in each and every case. But, it depends upon facts ... days in filing of the appeals before the Tribunal. Further, the reasons given by the assessee in the Affidavit does not come under reasonable cause as prescribed under the Act, for condonation of delay. Hence, we reject the petition filed by the assessee for condonation of delay and dismiss

Shahul Hameed, Chennai vs. ACIT, Non Corp Cir-2, Chennai

In the result, appeals filed by the assessee are dismissed as not

ITA 216/CHNY/2019[2012-13]Status: DisposedITAT Chennai28 Sept 2022AY 2012-13

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.214 & 215 To 217/Chny/2019 िनधा"रण वष" /Assessment Years: 2008-09 & 2011-12 To 2013-14 V. Mr.Shahul Hameed, The Asst. Commissioner- No.17/8-A, Of Income Tax, Gopathy Narayana Chetty Street, Non-Corporate Circle-2, Mylapore, Chennai. Chennai. [Pan: Dyzps 2897 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.T.Vasudevan, Adv. ""यथ" क" ओर से /Respondent By : Mr.Guru Bashyam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 19.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022 आदेश / O R D E R

For Respondent: Mr.Guru Bashyam, CIT-DR

Courts are well equipped with power to condone the delay, if the assessee explains the delay in filing of the appeals with a reasonable cause. However, there is no law or mandate in the Act, to condone the delay in each and every case. But, it depends upon facts ... days in filing of the appeals before the Tribunal. Further, the reasons given by the assessee in the Affidavit does not come under reasonable cause as prescribed under the Act, for condonation of delay. Hence, we reject the petition filed by the assessee for condonation of delay and dismiss

Shahul Hameed, Chennai vs. ACIT, Non Corp Cir-2, Chennai

In the result, appeals filed by the assessee are dismissed as not

ITA 215/CHNY/2019[2011-12]Status: DisposedITAT Chennai28 Sept 2022AY 2011-12

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.214 & 215 To 217/Chny/2019 िनधा"रण वष" /Assessment Years: 2008-09 & 2011-12 To 2013-14 V. Mr.Shahul Hameed, The Asst. Commissioner- No.17/8-A, Of Income Tax, Gopathy Narayana Chetty Street, Non-Corporate Circle-2, Mylapore, Chennai. Chennai. [Pan: Dyzps 2897 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.T.Vasudevan, Adv. ""यथ" क" ओर से /Respondent By : Mr.Guru Bashyam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 19.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022 आदेश / O R D E R

For Respondent: Mr.Guru Bashyam, CIT-DR

Courts are well equipped with power to condone the delay, if the assessee explains the delay in filing of the appeals with a reasonable cause. However, there is no law or mandate in the Act, to condone the delay in each and every case. But, it depends upon facts ... days in filing of the appeals before the Tribunal. Further, the reasons given by the assessee in the Affidavit does not come under reasonable cause as prescribed under the Act, for condonation of delay. Hence, we reject the petition filed by the assessee for condonation of delay and dismiss

Shahul Hameed, Chennai vs. ACIT, Non Corp Cir-2, Chennai

In the result, appeals filed by the assessee are dismissed as not

ITA 214/CHNY/2019[2008-09]Status: DisposedITAT Chennai28 Sept 2022AY 2008-09

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.214 & 215 To 217/Chny/2019 िनधा"रण वष" /Assessment Years: 2008-09 & 2011-12 To 2013-14 V. Mr.Shahul Hameed, The Asst. Commissioner- No.17/8-A, Of Income Tax, Gopathy Narayana Chetty Street, Non-Corporate Circle-2, Mylapore, Chennai. Chennai. [Pan: Dyzps 2897 P] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.T.Vasudevan, Adv. ""यथ" क" ओर से /Respondent By : Mr.Guru Bashyam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 19.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 28.09.2022 आदेश / O R D E R

For Respondent: Mr.Guru Bashyam, CIT-DR

Courts are well equipped with power to condone the delay, if the assessee explains the delay in filing of the appeals with a reasonable cause. However, there is no law or mandate in the Act, to condone the delay in each and every case. But, it depends upon facts ... days in filing of the appeals before the Tribunal. Further, the reasons given by the assessee in the Affidavit does not come under reasonable cause as prescribed under the Act, for condonation of delay. Hence, we reject the petition filed by the assessee for condonation of delay and dismiss

M/S Opto Circuits India Ltd, Bangalore vs. Deputty Commissioner of Income Tax Circle-5(1)(2), Bangalore

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

ITA 1315/BANG/2017[2011-12]Status: DisposedITAT Bangalore28 Sept 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.1315/Bang/2017 : Asst.Year 2011-2012 M/S.Opto Circuits India Limited The Deputy Commissioner Of No.38, Electronic City Road Income-Tax, Circle 5(1)(2) V. Bangalore – 560 100. Bangalore. Pan : Aaaco2165P. (Appellant) (Respondent) Appellant By : Sri.Shiva Prasad Reddy, Itp Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 28.09.2022 Date Of Hearing : 28.09.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 06.01.2016 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2011-2012. 2. There Is A Delay Of 171 Days In Filing This Appeal Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Along With An Affidavit Of Managing Director Of The Assessee, Stating Therein The Reasons For Belated Filing Of This Appeal. On Perusal Of The Reasons Stated, We Find That The Assessee By Mistake Had Filed An Appeal Before The Cit(A) (As Against The Final Assessment Order) & On Realizing The Mistake, Immediately The Assessee Filed Appeal Before The Tribunal. We Find There Is A Reasonable Cause For Belated Filing

For Appellant: Sri.Shiva Prasad Reddy, ITPFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 144C(15)(b)Section 92C

against the final assessment order) and on realizing the mistake, immediately the assessee filed appeal before the Tribunal. We find there is a reasonable cause for belated filing 2 IT(TP)A No.1315/Bang/2017. M/s.Opto Circuits India Limited. of this appeal on the facts and circumstances of the case. Therefore

M/S Melongos India P Ltd, Chennai vs. ITO Corporate Ward - 4 (1), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 651/CHNY/2022[2015-2016]Status: DisposedITAT Chennai26 Sept 2022AY 2015-2016

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.650 & 651/Chny/2022 िनधा"रण वष"/Assessment Years: 2013-14 & 2015-16 M/S. Melongos India P. Ltd., Vs. The Income Tax Officer, No. 16, Mullai Street, Lenin Nagar, Corporate Ward 4(1), Ambattur, Chennai 600 053. Chennai [Pan:Aabcm8934H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Tarun, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 8, Chennai, Both Dated 09.03.2020 Relevant To The Assessment Years 2013- 14 & 2015-16. 2. Both The Appeals Filed By The Assessee Are Delay By 818 Days In Filing The Appeal Before The Tribunal. The Ld. Counsel For The Assessee Has Submitted That Due To Outbreak Of Covid-19 Pandemic & Also Within The Lockdown Extended Period Allowed By The Hon’Ble Supreme Court Due

For Appellant: Shri G. Tarun, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

condoning the delay and admitting the appeals for adjudication. The ld. DR has not raised any serious objection. Since the assessee was prevented by reasonable cause, the delay of 818 days in filing the appeal before the Tribunal is condoned and admitted the appeals for adjudication. 3. Brief facts ... that there was short delay of 27 days in filing the appeal before the ld. CIT(A) and despite the assessee was prevented by reasonable cause, the ld. CIT(A) has not condoned the delay in filing the appeal. The ld. Counsel has prayed that the delay in filing

M/S Melongos India P Ltd, Chennai vs. ITO Corporate Ward - 4 (1), Chennai

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 650/CHNY/2022[2013-2014]Status: DisposedITAT Chennai26 Sept 2022AY 2013-2014

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.650 & 651/Chny/2022 िनधा"रण वष"/Assessment Years: 2013-14 & 2015-16 M/S. Melongos India P. Ltd., Vs. The Income Tax Officer, No. 16, Mullai Street, Lenin Nagar, Corporate Ward 4(1), Ambattur, Chennai 600 053. Chennai [Pan:Aabcm8934H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Tarun, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 26.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 8, Chennai, Both Dated 09.03.2020 Relevant To The Assessment Years 2013- 14 & 2015-16. 2. Both The Appeals Filed By The Assessee Are Delay By 818 Days In Filing The Appeal Before The Tribunal. The Ld. Counsel For The Assessee Has Submitted That Due To Outbreak Of Covid-19 Pandemic & Also Within The Lockdown Extended Period Allowed By The Hon’Ble Supreme Court Due

For Appellant: Shri G. Tarun, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)

condoning the delay and admitting the appeals for adjudication. The ld. DR has not raised any serious objection. Since the assessee was prevented by reasonable cause, the delay of 818 days in filing the appeal before the Tribunal is condoned and admitted the appeals for adjudication. 3. Brief facts ... that there was short delay of 27 days in filing the appeal before the ld. CIT(A) and despite the assessee was prevented by reasonable cause, the ld. CIT(A) has not condoned the delay in filing the appeal. The ld. Counsel has prayed that the delay in filing

M/S. National Decorators Mumbai, Mumbai vs. Jt. Commissioner of Income Tax, Circle 25(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1790/MUM/2022[2018-19]Status: DisposedITAT Mumbai23 Sept 2022AY 2018-19

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1790/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2018-19) M/S. National Decorators बिधम/ Jcit Of It, Cir-25(3) 2, Kuber Bhuvan, Bajaj Kautilya Bhawan, G Vs. Road, Vile Parle (E), Block, Bandra Kurla Mumbai-400056. Complex Mumbai- 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaffn0305E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Shri Chetan M. Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 29/08/2022 घोषणा की तारीख /Date Of Pronouncement: 23/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/ Nfac, Delhi Dated 17.06.2022 For The Assessment Year 2018-19 Against The Penalty Confirmed By Joint Commissioner Of Income Tax (Ao) U/S 271Da Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Chetan M. Kacha (Sr. AR)
Section 269SSection 271D

lakhs; and the assessee therefore was on the impression that the limit prescribed was Rs. 3 Lakhs. And therefore in any case, there was reasonable cause for receipt and so penalty should not be levied [Section 271DA of the Act gives discretion to the Joint Commissioner not to levy penalty ... provided there is reasonable cause]. However, the AO/Joint Commissioner did not accept the plea of the assessee on the ground that the assessee failed to produce any evidence to corroborate the fact that it has received money from Groom Side Rs.1,11,000/- and bride groom side of Rs.1

Bgr Energy Systems Limited, Chennai vs. Office of the Assistant Commissioner of Income Tax, Central Cir 3(1), Chennai

In the result, both the appeals filed by the assessee are dismissed

ITA 72/CHNY/2021[2017-18]Status: DisposedITAT Chennai21 Sept 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.71 & 72/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 & 2017-18 M/S. Bgr Energy Systems Limited, Vs. The Assistant Commissioner Of Corporate Office, Guna Complex, Income Tax, 433, Anna Salai, Teynampet, Central Circle 3(1), Chennai 600 018. Chennai. [Pan:Aabcg2202J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Mrs. Sandhyaarti, T., F.C.A. ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 13.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 14.09.2020 Relevant To The Assessment Years 2016-17 & 2017-18. 2. Both The Appeals Filed By The Assessee Are Delayed By 130 Days In Filing The Appeal Before The Tribunal. By Filing A Petition For Condonation Of Delay In The Form Of An Affidavit Explaining The Reasons For The Delay Due To Outbreak Of Covid-19 & The Same Is Well Within The Extended Period

For Appellant: Mrs. Sandhyaarti, T., F.C.AFor Respondent: Shri G. Johnson, Addl. CIT
Section 37

appeals for adjudication. The ld. DR has not seriously object to the submissions of the ld. Counsel. Since the assessee was prevented by reasonable cause for the delay in filing the appeal before the Tribunal, the delay is condoned and admitted the appeals for adjudication. 3. The first common ground