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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

Smt. Deepti Aradhya, Nee Smt. Deepti Prabhakar Kore, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-1(2)(1), Bengaluru

In the result, the appeal filed by the assessee is allowed

ITA 564/BANG/2021[2009-10]Status: DisposedITAT Bangalore05 Aug 2022AY 2009-10

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2009-10 Smt. Deepti Aradhya Nee Smt. Deepti Prabhakar Kore, The Deputy Kingfisher Tower C-20, Commissioner Of 44 Kasturba Cross Road, Income Tax, Sampangi Rama Nagar, Circle 1(2)(1), Bengaluru North, Bengaluru. Vs. Bengaluru Gpo, Bengaluru – 560 001. Pan: Afjpk6349G Appellant Respondent : Shri S. Parthasarathi, Assessee By Advocate : Smt. Priyadarshini Baseganni, Revenue By Addl. Cit (Dr) Date Of Hearing : 28-07-2022 Date Of Pronouncement : 05-08-2022 Order Per Chandra Poojarithis Is An Appeal By Assessee Directed Against Order Of Ld.Cit(A) Dated 10/10/2013 For A.Y. 2009-10. 2. The Assessee Raised Following Grounds. Tax Effect Relating To Each Grounds Of Appeal Ground Of Appeal On The Facts & Circumstances Of The Case, The Cit(A) Erred In Upholding The 1. Addition Of Rs.40,17,124/- Being The Rs.13,75,425/- Amount Credited In The Appellant'S Bank Account.

For Respondent: Shri S. Parthasarathi

there is a delay of 2,295 days as stated herein above and the delay as explained in the Affidavit was on account of reasonable cause. Accordingly it is prayed that the delay may kindly be condoned. The following judgments support the case of the Appellant to consider the delay

Rajesh Builders, Mumbai vs. Pr CIT 27, Mumbai

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

ITA 1953/MUM/2019[2015-16]Status: DisposedITAT Mumbai28 Jul 2022AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.1953/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2015-16) Rajesh Builders बिधम/ Pcit-27 1/1, Ghanshyam Baug, 4Th Floor, Tower No. 6, Vs. Cama Lane, Hansoti Vashi Railway Station Ghatkopar West, Mumbai- Complex, Vashi, Navi 400086. Mumbai-400703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaefr6687G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Prateek Jain Revenue By: Shri P. R. Mane (Dr) सुनवाई की तारीख / Date Of Hearing: 20/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/07/2022 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. Principal Commissioner Of Income Tax-27, Mumbai Dated 25.01.2019 For Assessment Year 2015-16 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice 2. That The Ld. Pcit Has Passed An Ex-Parte Order Without Giving Proper Opportunity To The Assessee. We Note That Though The Ld. Pcit Had Issued Show Cause Notice Dated 23.10.2018 & Has Adjourned The Matter At The Request Of The Assessee For 14.11.2018 & Thereafter On 27.11.2018, The Assessee Could Not Appear & Submit The Details Asked For By The Ld. Pcit, Since The Evidence Relating To Rs.55,16,548/- Pertains To Transactions Which Happened In The Year 1986-87 (Supplementary Deed). However, The Ld. Pcit After Having Granted

For Appellant: Shri Prateek JainFor Respondent: Shri P. R. Mane (DR)
Section 263

trace out the supplementary deed executed in the year 1986-87. Therefore, he sought more time/adjournment which according to us was a reasonable cause for seeking adjournment. It was also brought to our notice that the Ld. PCIT had time till 31.03.2019 which was the time barring date