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2021 (5) TMI 961 - AT - Income TaxPenalty imposed u/s. 271B - non filing of audit report within stipulated time - assessee filed two sets of written submissions before the CIT(A) - HELD THAT:- The first reason has canvassed by the assessee that the Hard Disk of Computer has been corrupted and data therein is vanished for F.Y. 1999-2000 relating to A.Y. 2000-01 which is the year under consideration but however as rightly pointed by the Ld. DR no supporting evidences filed what steps the assessee has taken for the year under consideration and also for subsequent years. DR demonstrated that there was no evidence before two Revenue authorities below and also before this Tribunal substantiating the steps taken by the assessee supporting the cause for delay canvassed by it. In our opinion, the cause of Hard Disk Drive of Computer system being corrupted and the data is vanished is no valid reason for non-filing of tax audit report. Another reason given by the assessee in its written submissions before the CIT(A) that the Chartered Accountant who looks after all the statutory obligations of the assessee could not able to complete the statutory obligations and compliances u/s. 44AB of the Act in time due to his wife illness - We find force in the submissions of Ld. DR that one Chartered Accountant fails to do compliances, the duty of the assessee to make compliances legal obligations by appointing new Tax Auditor but however the contention of the assessee has due to ill health of wife of Chartered Accountant could not file the tax audit report in time, in our opinion it is also no valid reason that non-filing of tax audit report in time. In the second written submissions dated 17-08-2017, the assessee contends that Shri Sachin Deshpande was appointed as Authorized Representative to look after tax work and he did not file audit report in time and it is the fault of Authorized Representative but not the assessee. No evidence on record either before the two lower authorities or before us that the tax audit report was prepared and the said Authorized Representative Shri Sachin Deshpande could not file the same in time in the proceedings before the AO. Therefore, in our opinion, as rightly pointed by the Ld. DR that the assessee kept on changing its version for causing delay of filing tax audit report and without any evidence substantiating the said reasons. Having perused the entire record and find no valid reasons supporting the reasons stated by the assessee for delay in filing tax audit report, therefore, we do not find any infirmity in the order of CIT(A) and it is justified. Thus, the only ground raised by the assessee is dismissed.
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