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2017 (12) TMI 1469 - AT - Income TaxPenalty u/s 271B - books of accounts were not submitted to CA prior to 30.09.2005 - reasonable cause for delay - Held that:- Assessee has not explained before us the reasonable cause for delayin getting the tax audited done. The ld. Counsel only stated that the tax audit report was signed on 21.12.2005 and the return was filed on 28.12.2005 and explained us that tax auditor delayed the accounts, is not acceptable in view of the tax auditor certificate mentioned above.The assessee has explained the delay between 21.12.2005 to 28.12.2005 which is not relevant here, because this is the further delay after getting the delayed tax audit report. The counsel for the assessee has failed to explain the delay between 30.09.2005 to 21.12.2005 therefore, we are of the view that it is failure on the part of the assessee. Unless it is proved that there was reasonable cause for the failure, there is no escape from the imposition of penalty. The assessee has failed to submit the relevant papers/documents to the CA to get the accounts audited. The assessee has failed to explain the delay in submitting the books of accounts to his CA. - Decided against assessee.
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