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2019 (6) TMI 1058 - AT - Income TaxPenalty u/s 271FA - non filing of Annual Information Return - HELD THAT:- As decided in SUB REGISTRAR JAORA VERSUS DIRECTOR OF INCOME TAX (I&CI) , BHOPAL [2019 (5) TMI 1059 - ITAT INDORE] Section 273B provides for not levying penalty in certain cases if the assessee proves that there was a reasonable cause for the failure. This section also refers to the penalty of Section 271FA of the Act. Reference was made to various correspondences with the Chief Secretary, Govt. of Madhya Pradesh, Department of Commercial Taxes and Chief Commissioner of Income Tax as well as Secretary, Finance Department of Revenue which talks about the technical problem due to which non integration of the departments portal with the Income Tax Departmental portal for PAN authentication was not achieved. This problem was solved at later stage and finally assessee filed Annual Information Report for financial year 2014-15 on 14.12.2017. Certainly there was a delay but there was reasonable cause for such delay. On examining the facts of the instant appeal in the light of the above decision we find that the issue is squarely covered by this decision and Ld. Departmental Representative failed to bring any contrary material. We therefore sustain the penalty of ₹ 9,700/- u/s 271FA of the Act and delete the remaining amount of penalty of Rs,3,41,800/- and partly allow the assessee’s appeal - Appeal of the assessee is partly allowed.
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