← All Phrases

“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

Shri Babaram R. Kadam, Mumbai vs. ITO -1(1), Thane

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

ITA 845/MUM/2021[2015-16]Status: DisposedITAT Mumbai17 Mar 2022AY 2015-16

Bench: Shri Shamim Yahya & Shri Pavan Kumar Gadaleshri Babaram .R. Vs. Ito – 1(1) Kadam, Ashar It Park, 2701,A- Wing, Acura Road No. 16Z, Wagle Rustomjee Urbania, Estate, Thane West - Majaswada, Balkum, 400064. Thane(West) – 400 606 Maharashtra Maharashtra "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Duzpk3264C Appellant .. Respondent Appellant By : None Respondent By : Mr.C.T Mathews. Sr.Ar Date Of Hearing 08.03.2022 Date Of Pronouncement 10.03.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)- National Faceless Appeal Centre (Nfac)Delhi Passed U/S 271(1)(C) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Mr.C.T Mathews. Sr.AR
Section 143(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 50C

assessee and also no explanations are filed. Finally the A.O. observed that the assessee has failed to submit the Shri Babaram R. Kadam, Mumbai. reasonable cause and levied penalty of Rs. 1,97,411/- and passed the order u/s 271(1)(c) of the Act dated ... doubted the registered agreement of sale and for various reasons and circumstances the assessee could not file the explanations on reasonable cause in the penalty and appellate proceedings. The A.O. having accepted the registered document of sale as valid and applied the deeming provisions u/sec50C of the Act and made

Triumph International Finance India Ltd., Mumbai vs. Dy CIT Central Cir.-7(1), Mumbai

In the result, impugned order is set-aside and appeal by the assessee is allowed

ITA 1870/MUM/2020[2017-18]Status: DisposedITAT Mumbai10 Mar 2022AY 2017-18

Bench: Shri G.S.Pannu & Shri Vikas Awasthyआअसं. 1870मुं/2020("न. व .2017-18) Triumph International Finance India Limited, Oxford Centre, 10, Shorff Lane, Colaba Causeway, Colaba, Mumbai 400 005. Pan: Aaace-0308-A ...... अपीलाथ" /Appellant बनाम Vs. Dy. Commissioner Of Income Tax, Central Circle 7(1), Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Akash Kumar ""तवाद" "वारा/Respondent By : Dr.P.Daniel सुनवाई क" "त"थ/ Date Of Hearing : 15/12/2021 घोषणा क" "त"थ/ Date Of Pronouncement : 10/03/2022

For Appellant: Shri Akash KumarFor Respondent: Dr.P.Daniel
Section 142(1)Section 143(3)Section 272A(1)(d)

employees of the assessee failed to take not of the notice issued electronically. We are satisfied that the assessee has been able to show reasonable cause for not responding to the initial notice issued under section 142(1) of the Act. It is pertinent to mention here that subsequently ... merely for the reason that during penalty proceedings under section 272A(1)(d) of the Act, the assessee has not stated the reasonable cause. We are not in agreement with the findings of CIT(A). The assessee has explained that about ongoing assessment proceedings the assessee came to know only

M/S. Vantage Agora Marketing Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 12(5), Bangalore

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

ITA 373/BANG/2020[2009-10]Status: DisposedITAT Bangalore07 Mar 2022AY 2009-10

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2009-10 M/S. Vantage Agora Marketing Pvt. Ltd., # Pixel Park-A, 4Th Floor, The Deputy Pes Institute Of Commissioner Of Technology, Income Tax, Vs. Hosur Road, Electronic Circle – 12(5), City, Bangalore. Bangalore – 560 100. Pan: Aaccv1443P Appellant Respondent : Shri V. Chandrashekar, Assessee By Advocate : Smt. Priyadarshini Revenue By Basaganni, Jcit (Dr) Date Of Hearing : 30-12-2021 Date Of Pronouncement : 07-03-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 30/03/2016 Passed By The Ld.Cit(A), Mysore For Assessment Year 2009-10 On Following Grounds Of Appeal: “1. The Order Of The Hon'Ble Commissioner Of Income Tax (Appeals), Mysuru, Insofar As It Is Against The Appellant, Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities, Facts & Circumstances Of The Appellant'S Case.

For Respondent: Shri V. Chandrashekar
Section 10ASection 234CSection 72

Tribunal and the delay in filing the appeal due to miscommunication was inadvertent and not deliberate, rather the appellant was prevented by reasonable cause in filing the appeal on time.” Page 6 of 14 It is submitted that the non filing of the appeal within the period of limitation

Asst CIT 19(1), Mumbai vs. D A Jhaveri, Mumbai

In the result, the appeal of Assessing Officer and CO of assessee is dismissed

ITA 1971/MUM/2017[2011-12]Status: DisposedITAT Mumbai22 Feb 2022AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am The Asst. Commissioner Of M/S Da Jhaveri, Income Tax-19(1), C Tower, C.C 5073, Bharat 2Nd Floor, Matru Mandir, Diamond Bourse, Bandra (E), Vs. Tardeo Road, Mumbai-400 051 Mumbai-400 007 (Appellant) (Respondent) Pan No. Aaafd0295J Co No. 120/Mum/2017 (Arising Out Of Ita No. 1971/Mum/2017 For Assessment Year 2011-12) The Asst. Commissioner Of M/S Da Jhaveri, Income Tax-19(1), C Tower, C.C 5073, Bharat 2Nd Floor, Matru Mandir, Diamond Bourse, Bandra (E), Vs. Tardeo Road, Mumbai-400 051 Mumbai-400 007 (Appellant) (Respondent) Appellant By : Shri Hiro Rai, Ar Respondent By : Shri Satya Pinisetty, Dr Date Of Hearing: 17.02.2022 Date Of Pronouncement : 22.02.2022

For Appellant: Shri Hiro Rai, ARFor Respondent: Shri Satya Pinisetty, DR
Section 271GSection 91CSection 92Section 920Section 92C(1)

avoidance before invoking the provisions of section 92 and 92CA of the Act. 4. The Ld. CIT(A) erred in holding that there was reasonable cause for non-compliance of Sec. 920 r/w Rule 100(1) without specifying the cause of such noncompliance or demonstrating how the same ... past TP Assessments, therefore, assessee has a belief that such information is not required as well as not available, therefore , the assessee has ‘reasonable cause’ under section 273B of the Act for not maintaining the same. For failure as envisaged subject to penalty u/s 271G, if such failure is because