TMI Blog2019 (3) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... as that the delay in filing the return of income was due to damage to computer system due to virus infection - HELD THAT:- The assessee got his books of accounts audited on 28/03/2014 which was made available to the Assessing Officer and no prejudice has been caused to the Revenue. The assessee had only committed technical venial breach which does not create any loss to the exchequer as the aud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-2-2019 - S/Shri Chandra Poojari, AM And George George K., JM For the Assessee : Shri R. Sreenivasan, CA For the Revenue : Smt. A.S. Bindhu, Sr. DR ORDER PER CHANDRA POOJARI, AM: This appeal filed by the assessee is directed against the order of the CIT(A), Kottayam dated 06/08/2018 and pertains to assessment year 2013-14. 2. The only issue in this appeal is with r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed the levy of penalty u/s. 271B of the Act. 5. Against this, the assessee is in appeal before us. The Ld. AR submitted that due to virus infection in the computer system, the data got erased and no back up date was maintained. The Ld. AR relied on following decisions wherein it was held that filing of report is only directory and not mandatory: a) CIT vs. Malayalam Plantations (103 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 273B of the I.T. Act. The Ld. AR relied on the following judgments in support of his contentions: i) CIT vs. Malayalam Plantations Ltd. (1976) (103 ITR 835) (Ker.) ii) ACIT vs. Amar Chand Raj Kumar (2004) (89 ITD 96)(ITAT, Chandigarh) iii) Prem Prakash Senapati vs. ITO (ITA No.459 185/CTK/2017 dated 17/04/2018) )(ITAT, Cuttack). 7.1 From the material available on record, we are of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of assessment proceedings, the assessee should be granted deduction u/s. 80J of the Act. We observe that this judgment was rendered in the context of adjudication of quantum of deduction claimed by the assessee. Hence, the said analogy can very well be drawn and used in the penalty proceedings like that of the assessee. To sum up, we hold that the assessee had committed only technical venial ..... X X X X Extracts X X X X X X X X Extracts X X X X
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