TMI Blog2004 (7) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... 90-91 were supplied to the assessee on June 28, 1991 - This fact has not been disputed by the assessee nor the Tribunal has considered this aspect - There was no justification for not completing the accounts for the assessment years 1991-92 and 1992-93 and get them audited on due dates. No other reason has been given by the assessee for not completing the accounts and getting them audited, as required u/s 44AB – Thus, Tribunal has committed error in cancelling the penalty. - - - - - Dated:- 14-7-2004 - Judge(s) : Y. R. MEENA., PRAKASH TATIA. JUDGMENT Heard learned counsel for the appellant. These two appeals were admitted in terms of the following questions: "1. Whether, on the facts and circumstances of the case, the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed the penalty under section 271B of the Act in all the four years, i.e., 1989-90, 1990-91, 1991-92 and 1992-93. The appeal was filed for the assessment years 1991-92 and 1992-93. For the reasons given by the Assessing Officer, the Commissioner of Income-tax (Appeals) has also sustained the penalty vide his order dated December 15, 1993. The Tribunal has considered the penalty and concluded its decision in paras. 12 and 13. In spite of the service, none appeared for the assessee. Heard learned counsel for the Department. Mr. Bissa submits that when the required photocopies of the relevant documents were supplied to the assessee by the Department on June 28, 1991, there was no justification for not completing and get it audited before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yond its control and, therefore, there was a reasonable cause for the assessee's failure in complying with the requirements of section 44AB. The decision of the hon'ble High Court of Gujarat in the case of CIT v. Tea King [2000] 155 Taxation 25 cited by learned counsel for the assessee also supports this view." When the facts are not in dispute that the survey was conducted on January 29, 1991 and books for the assessment years 1989-90 and 1990-91 were impounded, but on the request of the assessee, photocopies of the relevant documents of the assessment years 1989-90 and 1990-91 were supplied to the assessee on June 28, 1991. This fact has not been disputed by the assessee nor the Tribunal has considered this aspect, when the relevant p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
