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2023 (7) TMI 332 - AT - Income TaxPenalty u/s. 271B - delay of 1 day in filing the tax audit report - assessee contended that the assessee explained that it got the accounts audited and obtained the tax audit report but due to some technical glitches it was submitted by just one day delay - HELD THAT:- There is only one day delay in submission of the audit report and that too only the technical glitches and latches on the portal which can be a reasonable cause for not complying the law. The similar view has been taken by the Hon’ble Madhya Pradesh Court in the case of Staywell Hotels Private Limited [2005 (3) TMI 47 - MADHYA PRADESH HIGH COURT] where in the court has condone the delay in filling the audit report by two months. Levy of penalty for delay in filling the audit report by one day did not have any deliberate intention on the part of the assessee, nor could the conduct of the assessee be regarded as to breach the provision of the law. The delay if any is on account the reasons on the technical letches on the portal and the same is venial in nature based on the provision of the Act the penalty levied u/s 271B is not justified - Decided in favour of assessee.
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