TMI Blog2022 (9) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... turn of tax audit report on time which was accidental and unintentional on the part of the appellant assessee. According to the Ld. AR their exists reasonable cause for filing the audit report belatedly and under the foregoing reasons he submitted before us to quash the impugned order, we have satisfied with the explanation given by the assessee and in our opinion this is not a fit case for levying penalty u/s. 271B of the Act due to technical breach which was beyond the control of the appellant assessee and considering the facts and circumstances of the case, we are inclined to delete the penalty levied u/s. 271B of the Act. Appeal filed by the assessee is allowed. - ITA No. 537/Chny/2022 - - - Dated:- 26-8-2022 - SHRI G. MANJUNATHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the website of the department was factually incorrect. 6. The appellant prays for leave to add, alter, amend or modify any or all the grounds at any time before or at the time of hearing. 3. The brief facts of the case are that the assessee declared income of Rs. 1,52,930/- and filed its return of income electronically on 13.03.2018. Subsequently, the assessee revised its return of income on 13.11.2018 admitting a total income of Rs. 2,99,870/-. Immediately after filing the return the case of the assessee has selected for scrutiny and assessment order u/s 143 sub section 7 of the Act was passed on 24.04.2019 by determining total assessed income at Rs. 4,95,768/- and penalty proceedings u/s. 271B of the Act were initiated. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal of the appellant assessee by noting in his order as follows: 1. However, on going through the submissions of the appellant I find that the reason mentioned by the appellant does not constitute a reasonable cause . This proves beyond doubt the appellant's failure to furnish the audit report within time was voluntary and intentional. The reasons recorded by the learned AO are, in our opinion, sufficient to hold that the appellant failed to discharge his burden and hence the penalty levied is confirmed. All the grounds of the appellant are decided together and hereby dismissed. Against this order, assessee is in appeal before Tribunal. 5. We have heard both the parties and perused the material available on record. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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