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2019 (1) TMI 994 - AT - Income TaxLevy of penalty u/s 271B - violation of provisions of Section 44AB - assessee did not attach tax audit report u/s 44AB of the Act, along with the return of income - Held that:- The assessee had only committed a technical venial breach without creating any loss to the exchequer. In the instant case, the tax audit report was very much made available before AO before the completion of the assessment proceedings. As In the case of Commissioner of Income-tax v. A.N. Arunachalam [1994 (1) TMI 65 - MADRAS HIGH COURT] in the context of filing of audit report for claiming deduction u/s 80J of the Act, had observed that once the audit report has been made available before the AO, before completion of the assessment proceedings, then the assessee should be granted deduction u/s 80J of the Act. We observe that this decision was rendered in the context of adjudication of quantum of deduction of the assessee. Hence the said analogy could very well be drawn and used in a penalty proceedings like that of the assessee. As assessee had committed only technical venial breach for which he could not be penalized. - Decided in favour of assessee.
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