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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

Ruchi Soya Industries Limited, Mumbai vs. Commissioner of Income Tax (Appeals)- Mumbai, Mumbai

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

ITA 78/MUM/2022[2017-18]Status: DisposedITAT Mumbai14 Jun 2022AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.78/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) Ruchi Soya Industries Ltd बिधम/ Cit(A) Ruchi House, Royal Palms, Room No.605, 6Th Floor, Vs. Survey No. 169, Aarey Milk Pratishtha Bhavan, Colony, Near Mayur Nagar, Maharshi Karve Road, Goregaon (E), Mumbai- Mumbai-400020. 400065. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacr2892L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri S. S. Nagar Revenue By: Shri P. R. Mane (Dr) सुनवाई की तारीख / Date Of Hearing: 01/06/2022 घोषणा की तारीख /Date Of Pronouncement: 14/06/2022 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)-49, Mumbai Dated 26.10.2021 For The Assessment Year 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That There Was A Delay Of Few Days In Filing This Appeal & From A Perusal Of The Reasons Given, It Is Noted That The Impugned Order Of The Ld. Cit(A) Dated 26.10.2021Was Passed During The Period Of Covid-19 & Therefore As Per The Direction Of The Hon’Ble Supreme Court, The Limitation Period Of Filing Even Appeal Stands Extended. Therefore, We Are Inclined To Condone The Delay In Filing The Appeal & Admit This Appeal For Adjudication. 3. The Main Grievance Of The Assessee Is Against The Action Of Ld. Cit(A) Dismissing The Appeal Of The Assessee Filed On 30.06.2020 On The Ground That There Was Delay Of 500 Days & Refusing To Condone

For Appellant: Shri S. S. NagarFor Respondent: Shri P. R. Mane (DR)
Section 143(1)(a)Section 143(3)

days and refusing to condone 2 A.Y. 2017-18 Ruchi Soya Industries Limited. the delay, even though according to assessee there was reasonable cause for delay which has not been appreciated by the Ld. CIT(A). The Ld. AR brought to our notice that while processing the ROI filed ... about the intimation u/s 143(3) of the Act passed against the assessee, it filed the appeal before Ld. CIT(A). Therefore, there was reasonable cause for the delay. Therefore, we are inclined to condone the delay which the Ld. CIT(A) has refused for admitting the appeal before

Deloitte Touche Tohmatsu India LLP (Sucessor of Delotte Touche Tohmatsu India Pvt. Ltd, Mumbai vs. ACIT -Cir 6(2) (1), Mumbai

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

ITA 9/MUM/2022[2012-13]Status: DisposedITAT Mumbai31 May 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.09/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2012-13) Deloitte Touche Tohmatsu बिधम/ Acit-Circle 6(2)(1) India Llp (Successor Of Room No.504, 5Th Floor, Vs. Delotte Touche Tohmatsu Aayakar Bhavan, India Pvt. Ltd.) Maharshi Karve Road, One International Centre, Churchgate, Mumbai- Tower-3, 32Nd Floor, 400020. Senapati Bapat Marg, Elphinstone Road (W), Mumbai-400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aalfd7157J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ketan Ved Revenue By: Ms. R. M. Madhavi (Dr) सुनवाई की तारीख / Date Of Hearing: 23/05/2022 घोषणा की तारीख /Date Of Pronouncement: 09/05/2022 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 15.11.2021 For The Assessment Year 2012-13. 2. At The Outset, The Ld. Ar Of The Assessee Drew Our Attention To The Fact That The First Appellate Authority (Nfac) Has Passed The Order Without Giving Proper Opportunity To The Assessee. According To The Ld. Ar, The Assessee Had Filed All The Documents Sought For By The Cit(A) As Well As Had Filed Application Dated 23.01.2019 For Admission Of Additional Evidences (Refer Page No. 5 To 8 Of The Paper Book) As Well As Copy Of Letter Dated 25.10.2021 Uploaded On Income Tax E- Filing Portal On 09.10.2021 In Response To The Notices Dated 01.10.2021 & 11.10.2021 Respectively (Page No. 1 To 4 Of The Paper Book)

For Appellant: Shri Ketan VedFor Respondent: Ms. R. M. Madhavi (DR)
Section 36(1)(iii)

note of the aforesaid fact and also the fact that the assessee had filed additional evidences before the Ld. CIT(A) since there was reasonable cause for not presenting the 3 A.Y. 2012-13 Deloitte Touche same before the AO and the fact that certain mistakes as alleged