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TMI Blog2018 (2) TMI 1829X X X X Extracts X X X X X X X X Extracts X X X X ..... nt : None For the Respondent : Shri Mudit Nagpal, Sr.D.R. ORDER PER MAHAVIR PRASAD, JUDICIAL MEMBER : These are three appeals by the appellant against the separate order of the Director of Income Tax (I&CI), Ahmedabad, 31/03/2016 for imposing of penalty u/s.271FA for Assessment Year (AY) 2015-16. 2. Since in all three appeals assessee are same and issues are common only amounts are different. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee was imposed with penalty u/s 271 FA (in case of failure to furnish annual information return) of Rs. 100/- per day amounting to Rs. 8500/-. As the delay is due to reasonable cause and the same has been corrected by filling the return within the time specified in the notice hence the said penalty of Rs. 8500 is to be deleted." 2.2 In ITA No.1428/Ahd/2016 for AY 2015-16: "Penalty under 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o reasonable cause and the same has been corrected by filling the return within the time specified in the 2nd notice hence the said penalty of Rs. 40,200 is to be deleted." 2.3 In ITA No.1429/Ahd/2016 for AY 2015-16: "Penalty under 271 FA cannot be imposed if there is reasonable cause for delay in furnishing the annual information return. As per the facts the delay is due to the person in charg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under:- In this case, it is seen from records that the assessee has filed AIR on 05/12/2015. Further in response to the said office of the DIT(I&CI) seen a letter dated 08/03/2016, the assessee has filed latter stating that he is having the charge of Sub-Registrar, Dhansura since 18/12/2014 and he is newly directly recorded and hence did not had any knowledge. Further, he was not provided any in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , income tax was paid on time therefore, no loss to the revenue. 6. In our considered opinion, appellant was having reasonable cause for delay filing on AIR and in our opinion benefit of section 273B should be given to the appellant. Therefore, we delete the penalty in all above said three appeals. 7. In the result, all three appeals filed by the appellants are allowed. This Order pronounced in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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