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2021 (1) TMI 605 - AT - Income TaxLevy penalty u/s. 271B - not filing tax audit report within the due date specified under the Act - HELD THAT:- In this case, on perusal of details filed by the assessee, we find that although there is a delay in filing of audit report as required u/s. 44AB electronically, but such return has been filed much before the date of completion of assessment proceedings. Moreover, audit report as required to be obtained u/s. 44AB was obtained from auditors on 23.09.2013. When audit report was obtained within due date, merely for delay in filing audit report in e-portal of the Department cannot be considered as deliberate attempt made by assessee for not filing audit report so as to impose penalty u/s. 271B - This view is supported by the decision in the case of Harishbhai Babubhai Patel [2017 (2) TMI 1227 - ITAT AHMEDABAD] where the Tribunal, after considering relevant facts has deleted penalty levied by the Assessing Officer for non-submission of electronic audit report within the due date allowed under the Act. Hence, we direct the Assessing Officer to delete penalty levied under section 271B for non-submission of audit report within due date allowed under the Act. Appeal filed by assessee is allowed.
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