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2017 (3) TMI 101 - AT - Income TaxPenalty U/S 271B - delay in filing the Tax Audit Report before the specified date - Held that:- The assessee could not obtain and file the tax audit report as required u/s. 44AB of the Act due to delay in appointment of auditors by the co-operative department for statutory audit. This appointment is not in the control of the assessee. It is only then after that the assessee appoints tax auditor. The assessee filed the tax audit report immediately after obtaining the same from its Tax Auditor in Form No.3CA on 14-09-2009. Thus it is not a fit case to impose the penalty u/s. 271B of the Act. - Decided in favour of assessee.
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