Circular No. 204/1976 — Reasonable cause — guidelines for non-levy of penalty

Date: 1976-01-01 Status: ACTIVE Category: Penalties Binding on Department: Yes (Section 119 / Section 400 IT Act 2025)

Summary

Guidelines on what constitutes ‘reasonable cause’ for non-levy of penalty for concealment. If assessee’s explanation is bona fide and all facts disclosed, penalty should not be levied.

Key Directions

  1. If assessee’s explanation is bona fide and all facts have been disclosed, penalty should not be levied.
  2. Difference of opinion on legal interpretation is not concealment.
  3. Reliance on professional advice constitutes reasonable cause if advice was obtained in good faith.

Applicability Under IT Act 2025

Saving Clause: Section 536 of IT Act 2025 saves circulars issued under the 1961 Act “so far as not inconsistent” with the new Act.

Old Section (1961 Act)New Section (2025 Act)Consistent?
271(1)(c)345Yes

Cross-References

Act Sections

  • None identified

Key Case Law (Circular Supremacy)

  • To be populated — cases where this circular was cited/applied

Full Text

Full text to be added — see raw/circulars/ for PDF when available

Source