TMI Blog2021 (5) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee is a Chartered Accountants firm and dealing in auditing of books of Accounts of the Trust. In this particular Assessment Year, the return of income of the Trust have to filed electronically with the Income Tax Department's website. And due to technical issues and pressure of work, the assessee firm could not file their return of income within the due date specified under section 139(1) - Thus the delay is filling is not a wanton act and the explanations has a reasonable cause. Accordingly, we set-aside the order of ld. CIT(A) and direct the Assessing officer to delete the penalty - Decided in favour of assessee. - ITA No. 2268/Mum/2019 - - - Dated:- 20-4-2021 - SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he due date under section 139(1) of the Act. But the assessee has filed the audited accounts, Audit Report and Return of income on 29.11.2013 were as specified due date was extended by CBDT notification up to 31st October 2013. Therefore, penalty under section 271B of the Act was initiated by the assessing authority. Further the A.O. has verified the information filed and accepted the income as per the return of income and passed the order under section 143(3) of the Act dated 29.03.2016. Subsequently, the AO has initiated the penalty proceeding under section 271B of the Act, as the assessee e firm has not filed the Tax audited report u/sec. 44AB of the Act before the due date under section 139(1) of the Act. The assessee firm has filed det ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 119 of the Act from 30.09.2013 to 31.10.2013. The assessee firm has made submissions before the ld. CIT(A) that there is a marginal delay of 29 days in submitting the Tax Audit Report and filing the income tax return and there is no Wanton Act for the delay. We find the explanations that the assessee is a Chartered Accountants firm and dealing in auditing of books of Accounts of the Trust. In this particular Assessment Year, the return of income of the Trust have to filed electronically with the Income Tax Department's website. And due to technical issues and pressure of work, the assessee firm could not file their return of income within the due date specified under section 139(1) of the Act. We have considered the overall facts, su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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