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2016 (9) TMI 962 - AT - Income TaxPenalty u/s 271B - assessee firm could not get the accounts audited within time limit prescribed u/s 44AB - reasonable cause for delay - Held that:- The assessee firm got the accounts audited on 1-05-2009 and filed the return of income on 23-05-2009 which resulted delay of almost 08 months. It is noted from the submissions of the assessee that it is the first instance of delay in getting the accounts audited pertaining to assessment year 2008-09. The assessee submitted that the bone of contention of the issue was on account of audit fees of the auditor which resulted delay in completion of the audit and the same was completed by 01-05-2009 and thereafter the assessee filed the return on 26-05-2009. It is noted from the records that the assessee was not provided opportunity by the lower authorities to cross examine the statements given by Shri R.A. Sharma, Auditor of the firm and the assessee was deprived of countering Shri R.A. Sharma, Auditor. It appears from the discussions held hereinabove that the delay made by the assessee firm in filing the return of income is for the first time i.e. in A.Y. 2008-09 which was on account of dispute of audit fee between the assessee and the auditor. Hence, it appears that the dispute with the statutory auditor is a reasonable cause within the meaning of Section 273B as held in the case of Kripa Industries (I) Ltd. vs. JCIT (2001 (10) TMI 300 - ITAT PUNE ) that there is no mala fide reason for not obtaining the accounts audited in time and penalty u/s 271B should not be imposed. Taking into consideration we feel that the ld. CIT(A) is not justified in imposing the penalty u/s 271B. - Decided in favour of assessee.
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