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2023 (6) TMI 1069 - ITAT CHENNAIPenalty u/s 271B - delayed filing of audit report u/s 44AB - HELD THAT:- As submitted that the assessee was unable to file the ROI along with tax audit report within the date stipulated in the notice u/s 148 due to Covid pandemic lock down and income tax portal was under maintenance, and the assessee has filed the tax audit report u/s 44AB during the course of assessment proceedings, which was also considered by the AO before concluding the assessment. Thus, when the Tax Audit Report was made available to the AO before completion of assessment proceedings, then for venial technical breach without any mala fide intention of the assessee, the penalty cannot be levied u/s 271B. Respectfully following the above decision of case of Balaji Logistics v. ACIT [2022 (9) TMI 1432 - ITAT CHENNAI] it is not a fit case for levy of penalty u/s 271B and penalty levied u/s 271B stands deleted - Decided in favour of assessee.
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