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2019 (11) TMI 352 - AT - Income TaxLevy of penalty u/s 271B and 271F - Late filing of tax audit report and income tax return - assessee pointed out that defaults were inadvertent and beyond the control of the assessee since the taxation matters of the assessee were being looked after by tax consultants and tax auditors, who due to heavy rush of return had failed to file ITR by the due date alongwith tax audit report u/s 44AB - HELD THAT:- Levy of penalty for delayed filing of tax audit report and income tax return. Undoubtedly the Revenue could not find any fault in the income returned by the assessee for the impugned year, despite subjecting it to scrutiny assessment. What emerges from the same is that the non filing of tax audit report and of the return of income by the specified due date was definitely not intentional with the purpose of not disclosing any income for taxation. The plea of the assessee therefore that it was an inadvertent default, on account of the tax consultant being busy with GST returns and the assessee not being able to adequately follow up with him since he was away in New Zealand, appears to be a reasonable cause. In view of the same we hold that no penalty u/s 271B and 271F was leviable in the present case and direct deletion of both. Appeals of the assessee are allowed.
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