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2016 (7) TMI 617

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..... id facts and circumstances and respectfully following the decision of the Hon’ble Kerala high Court in the case of Metro Agencies, [2013 (10) TMI 658 - KERALA HIGH COURT ], we do not find any reason to interfere in the order passed by the Ld. CIT(A). - Decided against assessee. - I.T.A No.2698/Kol/2013 - - - Dated:- 8-7-2016 - Shri M. Balaganesh, AM Shri S. S. Viswanethra Ravi, JM For The Appellant: Shri Partha Chowdhury, AR For The Respondent: Shri Rajat Kumar Kureel, JCIT, Sr. DT ORDER Per Shri M. Balaganesh, AM: This appeal by assessee is arising out of order of CIT(A)-XIV, Kolkata vide appeal No. 311/CIT(A)-XIV/2011-12 dated 28.10.2013. Penalties under dispute were imposed by ITO, Ward-3(4), Kolkata u/s. 2 .....

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..... current year return. When we preparing our books of accounts to file the IT Return and Tax Audit Report for the A. Y. 2006-2007, we searching our last year copy and comes to our knowledge that there is no copy of last year return as it was not filed Then we had no other alternative without submitting the last year return and finally we submitted our ITR and Tax Audit Report for the A. Y. 2005-2006 on 28.09.2006 i.e. at the time of submitting return for the A. Y. 2006-2007. Sir, our mistake was we trusted our Accountant. We hoped that return was filed as we signed the relevant documents like copy of Balance sheet, ITR Form etc. in time. Again we informed you that our Books of Accounts have been audited in time i.e. on 12.09.200~ before .....

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..... ta passed his order without considering any single point of our prayer. We explained him at the time of hearing that we audited our books of accounts in time. As we miscommunicated by our Accountant regarding submission of Tax Audit Report as well as Income tax Return, there is delay to file the same. 03. That Ld. CIT(A)XIV, Kolkata not considering in his mind that this is not the amount of Income Tax. This is the amount of penalty. He may waive the same. But he does not consider the same. 04. That the applicant reserve the right of raising any further ground and or grounds and or adducting any further submission either on or before the final date of hearing likely to be fixed by your office. The Ld. AR reiterated the subm .....

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..... the case of the revenue. In the said decision it was held as under: 5. Ultimately, one has to see whether the cause shown by an assessee would constitute a good cause for the non compliance in order to avoid him from paying the penalty imposed. In order to ascertain whether the assessee acted as a man of average intelligence and ordinary prudence, the facts and circumstances alone have to be considered. Apparently, the three authorities, who had the opportunity of looking into the factual situation in the present case, have consistently opined that there was no reasonable cause. Even otherwise the cause shown is only for a part of the assessment year, i.e., before 31.12.2005. There is nothing on record to show during what spells of .....

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..... office from submitting the records. It was not possible for the head office in India to complete the accounting and then submit audit report within the time prescribed. But, in this case it was within the reach of the assessee to complete the process of finalisation of accounts and then submit an audit report within the time prescribed which they failed to do. Even other wise on facts, no material is produced by the assessee to substantiate the cause shown by the assessee. In that view of the matter, we find no good ground to interfere with the reasoning of the Tribunal. Accordingly, the Writ Appeal is dismissed. We find that reasons for delay adduced by the assessee does not constitute a good and reasonable cause. It is very un .....

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