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2019 (11) TMI 1334 - ITAT AGRAPenalty u/s 271B - assessee failed to get his account audited in respect of previous years or furnish report of such audit as required under section 44AB - case of the assessee that the assessee had demanded the documents seized by the authorities during the course of survey as they were not provided by the authorities,therefore there was reasonable cause for not filling the audited accounts - HELD THAT:- The assessee vide letter the date 30 September 2008 had asked for 3 months’ time for filing the audited reports/documents however the accounts were audited only on 25.3.2011. In view of above said facts if we look into the conduct of the assessee then it is clear that assessee had not filed the audited account within the 3 months as sought by the assessee after 30 September 2008 and the audited accounts were only filed on 25 March 2011. In view of the above are we do not find any reason much less plausible reason or cause for not filing the audited account within time. If the assessee had filed the audited accounts within the 3 months after 30 September 2008 then it would be a reasonable cause for not filing the audited accounts but the assessee had taken more than 3 years to file the audited accounts, which in our view, is not in accordance with law. We may point out that the judgements relied upon by the ld. AR for the assessee are not applicable to the facts of the present case as the facts in all these decisions were entirely different. In the result the appeal of the assessee is required to be failed and accordingly we dismiss both the appeals.
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