TMI Blog2018 (5) TMI 1889X X X X Extracts X X X X X X X X Extracts X X X X ..... KUMAR RAWAT [ 2010 (9) TMI 935 - ITAT JAIPUR] no justification for levying of penalty U/s 271BA of the Act, therefore, the same is deleted. - Decided in favour of assessee. - ITA No. 149/Jodh/2018 - - - Dated:- 25-5-2018 - SHRI R. C. SHARMA, ACCOUNTANT MEMBER For The Assessee : Shri Ankit Goyal (CA) For The Revenue : Shri Ashok Khanna JCIT DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led the same through online. It was contention of the assessee before the A.O. that the assessee meticulously maintained complete books of account consisting of cash book, ledger bank book, sales and purchase register etc. Purchase and sales are fully vouched and supported with invoices as per the requirement of Income Tax Act. Each and every transaction with sister/related concern has been made p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ITAT Jaipur Bench in the case of Raj Kumar Rawat Vs. ITO (2011) 138 TTJ 0254, wherein it was held as under: Assessee having failed to furnish report as required U/s 92E for want of advice by the audi tor who had audited his books of account U/s 44AB and filed the same immediately after he came to know that he was required to file such report in Form No. 3CEB before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posable for such technical or venial default . 4. In the instant case before the Bench also the assessee has filed audit report during the course of assessment proceedings itself, therefore, applying the proposition of law laid down in above judicial pronouncements, I do not find any justification for levying of penalty U/s 271BA of the Act, therefore, the same is deleted. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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