TMI Blog2020 (4) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... confirmed by the ld. CIT(A). We find no infirmity in the order passed by the ld. CIT(A) and thus, the ground raised by the assessee stands dismissed. - I.T.A. Nos.2863 and 2864/Chny/2017 - - - Dated:- 19-2-2020 - Shri Inturi Rama Rao, Accountant Member And Shri Duvvuru RL Reddy, Judicial Member For the Appellant : Shri S. Sridhar, Advocate For the Respondent : Ms. R. Anita, JCIT ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER: Both the appeals filed by the assessee are directed against different orders of the ld. Commissioner of Income Tax (Appeals)-11, Chennai both dated 29.08.2017 for the assessment year 2010-11 passed under section 271B as well as 271F of the Income Tax Act, 1961 [ Act in short]. First we shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evious year was ₹.260,70,26,450/- and the assessee failed to get its accounts audited by an Accountant and file the tax audit report as required under section 44AB of the Act, the Assessing Officer levied penalty of ₹.1,00,000/- under section 271B of the Act. It was the submission of the ld. Counsel that the assessee is a corporation established by the Government of Tamil Nadu and for the assessment year under consideration, the assessee had paid all the taxes due on the returned income including the demand raised in the assessment order before 30.09.2010 which could be apparent by the accepting the returned income of the assessee in toto in the assessment. However, the Assessing Officer mechanically levied penalty under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 271B, section 271BA, section 271BB, section 271C, section 271CA, section 271D, section 271E, section 271F, section 271FA, section 271FB, section 271G, section 271H, clause (c) or clause (d) of sub section (1) or sub-section (2) of section 272A, sub-section (1) of section 272AA or section 272B or subsection (1) or subsection (1A) of section 272BB or sub-section (1) of section 272BBB or clause (b) of sub-section (1) or clause (b) or clause (c) of subsection (2) of section 273,no penalty shall be imposable on the person or the assessee, as the case may be, for any failure referred to in the said provisions if he proves that there was reasonable cause for the said failure. 4.1 There is no definition for the term reasonable cause and it ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment order before 30.09.2010 and repeated the same reasons as was submitted during 271B penalty proceedings. Per contra, the ld. DR has submitted that once the assessee paid all the taxes due on the returned income including the demand raised in the assessment order before 30.09.2010, the assessee should have filed its return of income on or before the extended time of filing of the return, which is mandatory and thus pleaded for sustaining the penalty levied under section 271F of the Act. 6. We have heard the rival contentions. Once the assessee has paid all the taxes due on the returned income including the demand raised in the assessment order before 30.09.2010, the assessee is mandated to file the return of income within the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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