Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (2) TMI 1227 - AT - Income TaxPenalty u/s. 271B - non-uploading of audit report electronically - assessee’s explanation for non uploading of audit report because of problem faced in the system and the contention that second circular issued by the CBDT extending the due date of filing of return of income from 30th Sep, 2013 to 14th Oct, 2013 implicit the difficulty in uploading the audit report - Held that:- the online filing of audit report u/s. 44AB was newly introduced during the year under consideration because of which the assessee had faced difficulty in uploading the audit report electronically in the system. The issuing of the two circulars by the CBDT implicit constraint and elucidate the hiccup in uploading the prescribed reports of audit in the system electronically. We also noticed that the assessee had submitted the audit report on 30/09/2013 manually within the due date which could not be uploaded electronically because of the reasons stated supra in this order. The above stated facts and findings indeed indicate that there was a bonafide reasonable cause for not uploading the audit report electronically by the assessee, therefore, as per our considered opinion the ld. CIT(A) is not justified in sustaining the penalty levied by the assessing officer. - Decided in favour of assessee.
|