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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

Chaitanya Bhrathi, Vizianagaram vs. Commissioner of Income Tax (Exemptions), Hyderabad

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

ITA 179/VIZ/2025[NA]Status: DisposedITAT Visakhapatnam28 Aug 2025

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.179/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2025-26) Vs. Chaitanya Bharathi Commissioner Of Income Tax Exemptions Ward Plot No. 02, Naidu Residency Hyderabad C.B. Colony, Cantonment Vizianagaram – 535003 Andhra Pradesh [Pan:Aaatc4803D] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) करदाता का प्रतततितित्व/ Assessee Represented By : Shri C.Subrahmanyam, Ca : Shri Badicala Yadagiri, Cit(Dr) राजस्व का प्रतततितित्व/ Department Represented By सुिवाई समाप्त होिे की ततति/ Date Of Conclusion Of Hearing : 14.08.2025 घोर्णध की तधरीख/Date Of Pronouncement : 28.08.2025

Section 12ASection 12A(1)(ac)

insertion of the said proviso vide Finance Act, 2024 w.e.f. 01.10.2024, the Pr. CIT or the CIT is empowered to ascertain whether any reasonable cause for delay in filing the application while considering the petition filed for condonation of delay. Thus, the Ld. AR has submitted that the impugned order ... filed beyond the time allowed (in sub clauses (i) to (v), the Principal Commissioner or Commissioner may, if he considers that there is a reasonable cause for delay in filing the application, condone such delay and such application shall be deemed to have been filed within time”. 10. Thus

G.S.Express Pvt.Ltd, Lucknow vs. DCIT-CC-2, Lucknow

In the result, the appeal is held to be partly allowed

ITA 633/LKW/2024[2018-19]Status: DisposedITAT Lucknow28 Aug 2025AY 2018-19

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2018-19 G.S. Express Private Ltd., C-877 Vs. The D. Commissioner Of Income Mahanagar, Lucknow Tax, P.K. Complex, Ram Mohan Rai Marg, Lucknow Pan: Aaccg5655J (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 29.07.2025 Date Of Pronouncement: 28.08.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-3, Lucknow Under Section 250 Of The Income Tax Act, 1961, Dismissing The Appeal Of The Assessee Against The Orders Of The Ld. Ao, Imposing A Penalty Under Section 271B On 29.03.2022. The Grounds Of Appeal Are As Under: - “1-That The Ld. C.I.T. (A)-3, Lucknow Erred On Facts & In Law In Not Considering That The Show Cause Notice U/S 271B Of 1. T. Act Dated 31.12.2019, Did Not Specify That Whether The Penalty Is For Failure To Get Accounts Audited Or Failure To Furnish The Report & Thus Non Striking Of Irrelevant Clause Renders The Penalty Notice Invalid As Also The Consequential Penalty Order As Illegal & Liable To Be Quashed. Without Prejudice To Above 2-That The Ld. C.I.T. (A) Erred On Facts & In Law In Confirming Penalty Of Rs. 1,50,000/- U/S 2718 Of 1. T. Act, Without Appreciating That There Was A Reasonable Cause For Delay In Audit & Obtaining Report U/S 44Ab Of It Act As Due To Search & Seizure On 01.02.2018 The Entire Records Were Seized By Investigation Wing. 3-That The Ld. C.I.T. (A) Did Not Appreciate That Books Of Accounts & Related Records Were Seized By Investigation Wing & Only After Obtaining Copy Of Seized Documents

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Amit Kumar, DR
Section 132Section 139Section 250Section 271Section 271BSection 44A

facts and in law in confirming penalty of Rs. 1,50,000/- u/s 2718 of 1. T. Act, without appreciating that there was a reasonable cause for delay in Audit and obtaining Report u/s 44AB of IT Act as due to search and seizure on 01.02.2018 the entire records were ... conducted, therefore, the delay in submitting the report u/s 44AB of IT Act was beyond control of the Assessee. Thus there was a reasonable cause of the same. 4 That the return filed u/s 139 of 1. T. Act along with audit report u/s 44AB

Mohit Satsangi, Delhi vs. DCIT, Central Circle-16(1), Delhi

The appeal of the assessee is allowed for statistical purposes

ITA 1362/DEL/2025[2023-24]Status: DisposedITAT Delhi28 Aug 2025AY 2023-24

Bench: Shri Sudhir Kumar & Shri Manish Agarwalmohit Satsangi, Dcit, 24Th Floor, E-2 Block, Circle-16(1), Civic Centre, Jawaharlal Vs. Delhi. Nehru Marg, Delhi-110017. Pan-Awmps2265D (Appellant) (Respondent) Assessee By Shri Basant Kumar, Adv. & Ms. Sabhya Saachi Sharma, Ar Department By Shri Om Prakash, Sr. Dr Date Of Hearing 21/08/2025 Date Of Pronouncement 28/08/2025 O R D E R [ Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Addl./ Jt. Commissioner Of Income Tax (Appeals)-4, Mumbai [Cit(A) In Short], Dated 22.01.2025 In Appeal No. Addl./Jcit-(A) Mumbai- 10036/2022-23 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2023-24. 2. At The Outset, It Is Seen That The Appeal Of The Assessee Is Filed Delayed By 143 Days Before The Ld. Cit(A), For Which Delay Condonation Petition Was Also Filed, Wherein It Was Stated By The Mohit Satsangi Vs. Acit Assessee That He Had Filed Rectification Applications On Two Occasions Before The Ao For Rectification Of The Order, However, Both These Applications Were Dismissed, Therefore, The Assessee Had With No Other Alternate But To File The Appeal Before Cit(A) & In This Process The Same Was Got Delayed By 143 Days. The Ld. Cit(A) Did Not Find Any Force In The Reasons Given By The Assessee & Not Admitted The Appeal Of The Assessee By Not Condoning The Delay. 3. Before Us, Ld. Ar Of The Assessee Submits That The Delay Is Bonafide & There Was Reasonable Cause As Assessee Was Exploring The Alternate Remedy & Acted In Terms Of Legal Advice Therefore, The Appeal Was Got Delayed. He Also Placed Reliance On The Following Judgments: -Subhash Malik Vs. Cit 325 Itr 243 (All) -Sps Educational & Welfare Society Versus Dcit-Dpc [2022 (9) Tmi 87-

Section 250

assessee by not condoning the delay. 3. Before us, Ld. AR of the assessee submits that the delay is bonafide and there was reasonable cause as assessee was exploring the alternate remedy and acted in terms of legal advice therefore, the appeal was got delayed. He also placed reliance