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2005 (3) TMI 47 - MADHYA PRADESH HIGH COURTImposition of penalty under section 271B - "Whether the provisions of section 44AB, which requires furnishing of the audit report on the specified date, was mandatory so as to attract penalty under section 271B. If so, whether the order passed by the Tribunal is justiciable?" - In our opinion, the explanation offered by the assessee in this case ought to have been accepted being a sufficient one. The delay in filing certain form was not inordinate. It was hardly of two months. Secondly, there was an explanation offered for such delay. The delay thus did not have any deliberate intention on the part of the assessee, nor could their conduct be regarded as contumacious or with a view to evade payment of tax. If at all, there is any breach it was technical or venial in nature. In the facts of this case, no case of penalty under section 271B was made out
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