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2018 (4) TMI 1275 - AT - Income TaxLevy of penalty u/s 271BA - failure to comply with the provisions of section 92E - not filing the audit report electronically - scope of amendment - reasonable cause for non compliance - Held that:- For the year under consideration i.e, AY 2012-13, pursuant to the amendment in the Rules, being the procedural law, the assessee was required to file the audit report electronically. There was apparently no such requirement to file the audit report electronically all these years where the electronic filing of returns has been specified. Given the said consistent position in law and the fact that the amendments have been brought in for the first time starting the year under consideration, the bonafide of the assessee cannot be doubted and we agree with the assessee that the said amendment in the procedural law has missed the attention of the assessee and there was a reasonable cause for such non-compliance by way of non-filing of audit report electronically. There was a reasonable cause on part of the assessee for not filing the audit report electronically and the penalty levied under section 271BA is hereby directed to be deleted. within the stipulated time - Decided in favour of assessee.
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