TMI Blog2021 (1) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be considered as deliberate attempt made by assessee for not filing audit report so as to impose penalty u/s. 271B - This view is supported by the decision in the case of Harishbhai Babubhai Patel [ 2017 (2) TMI 1227 - ITAT AHMEDABAD] where the Tribunal, after considering relevant facts has deleted penalty levied by the Assessing Officer for non-submission of electronic audit report within the due date allowed under the Act. Hence, we direct the Assessing Officer to delete penalty levied under section 271B for non-submission of audit report within due date allowed under the Act. Appeal filed by assessee is allowed. - I.T.A. No. 1065/Chny/2019 - - - Dated:- 29-12-2020 - Mahavir Singh, Vice President And G. Manjunatha, Member (A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of income for assessment year 2013-14 on 05.06.2014 admitting Nil taxable income and such return was filed belatedly u/s. 139(4) of the Income Tax Act, 1961 (hereinafter referred to as the Act ). The assessee has filed tax audit report as required to be furnished u/s. 44AB of the Act electronically on 14.05.2014. The assessment for the impugned assessment year has been completed u/s. 143(3) of the Act on 09.03.2016 and determined total income of ₹ 36,493/- after making additions towards disallowance of expenditure. Thereafter, the Assessing Officer has initiated penalty proceedings u/s. 271B of the Act for failure to file tax audit report as required u/s. 44AB of the Act for the impugned assessment year within the due date specifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the return as required under the Act and hence, for delay in filing tax audit report penalty u/s. 271B of the Act cannot be fastened on the assessee, when assessee has explained reasons for not filing tax audit report within due date allowed under the Act. 5. The learned CIT(A), after considering submissions of the assessee observed that reasons given for not filing tax audit report in time does not come under reasonable cause as provided u/s. 273B of the Act and hence, there is no error in the findings recorded by Assessing Officer to levy penalty u/s. 271B of the Act for not filing tax audit report within the due date specified under the Act. Being aggrieved by the learned CIT(A) order, assessee is in appeal before us. 6. The learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose. However, the said audit report has been filed on 14.05.2014 much before completion of assessment order on 09.03.2016. The assessee has given reasons for not filing audit report electronically before the due date specified under the Act and according to the assessee, scheme of e-filing was introduced for the first time from assessment year 2013-14 and due to this assessee has faced difficulty in uploading audit report. We have gone through reasons given by assessee for not filing audit report electronically within time allowed under the Act for impugned assessment year and find that since scheme of e-filing audit report was introduced for the first time from assessment year 2013-14 and e-portal provided by the Department for this purp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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