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2016 (4) TMI 343 - ITAT JAIPUR

2016 (4) TMI 343 - ITAT JAIPUR - TMI - Penalty U/s 271B - Failure to get accounts audited - Held that:- There is no evidence with the assessee to prove that he got account audited on 14/7/2008 by M/s Vimal Geol & Associates. Now law has been amended and not only the assessee got the account audited but audit report is to be submitted before due date in the office of the Assessing Officer. The assessee’s plea is that he has totally dependent on AR for submitting the return as well as audit report .....

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the order dated 21/10/2013 passed by the learned CIT(A), Kota for A.Y. 2008-09. The effective grounds of appeal raised by the appellant are as under:- 1 That the ld A.O. grossly erred in leavy of penalty U/s 271B of I.T. Act, 1961, further the ld CIT(A) also erred on law and facts in sustaining the said addition of penalty ₹ 1,00,000/- and thereby dismissed the appeal of the assessee. 2. That the ld A.O. grossly erred in imposing the penalty in violation of Sec. 274. The ld A.O. imposed p .....

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get accounts audited and is to be submitted on or before 30/09/2008 but the assessee failed to comply the provisions of Section 44AB of the Act. The ld Assessing Officer initiated penalty proceedings U/s 271(b) of the Act. The ld Assessing Officer issued notice U/s 271B of the Act on 09/3/2009 and case was fixed for 20/3/2009. The assessee admitted before the Assessing Officer that return for A.Y. 2008-09 filed late and it was claimed by him that being proceeding pending with Anti Corruption Bu .....

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Assessing Officer that he has submitted audit report in time in office but no copy of the audit report has not been filed by the assessee and also the assessee did not have any proof that he has filed the audit report in office of the Assessing Officer. When number of opportunities has been provided to the assessee, the Assessing Officer decided to impose penalty U/s 271B of the Act. The ld Assessing Officer held that he gave show cause notice to the Assessing Officer on 09/3/2009 and case was .....

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short period produced copy of audit report, which was certified by the Manager himself. This audit report has not been certified by the assessee. However, assessee claimed that this audit report had been certified by him. The assessee failed to comply the provisions of Section 44AB of the Act when number of opportunities has been given by the Assessing Officer. He imposed penalty U/s 271B at ₹ 1 lac. 3. Being aggrieved by the order of the Assessing Officer, the assessee carried the matter .....

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per Section 44AB, it is mandatory on the part of the assessee to not only get the account audited but also furnished the same before specified date. The assessee in his reply before him stated that a copy of audit report dated 14/7/2008 was enclosed, however, no such report was enclosed. The assessee mainly relied on the plea that the duty to file return and audit report is on authorized representative. The law does not cast such duty on AR. The responsibility clearly was on the assessee himself .....

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turnover of the assessee was exceeding the limit of audit i.e. ₹ 40 lacs and as per law he had to file audit report by 30/09/2008. The assessee got the audit done and gave the same to his A.R./Chartered Accountant for filing onwards to the Income Tax Department and he also casted upon the duty of filing the return to the same Chartered Accountant. The assessee is living in a village. He is not aware about the technical dates for filing all the returns, audit report and alike every year he .....

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see. These things had been submitted before the ld CIT(A) that Shri Manoj jain, Chartered Accountant had given the statement since he was also involved for extra consideration, which was not acceptable to the assessee. In the process of anti corruption, CBI and all these things, the whole thing took time and the ld Assessing Officer took the benefit of these things and imposed penalty. In past, the assessee had regularly been filing the returns as well as audit reports. He is very cooperative wi .....

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