TMI Blog2008 (2) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... g JJ. Sanjiv Bansal, Advocate for the appellant-Revenue. JUDGMENT The judgment of the court was delivered by Rakesh Kumar Garg, J - 1. This order shall dispose of ITA No.454 and 455 of 2007.The Revenue has filed these appeals under Section 260-A of the Income Tax Act,1961 challenging order dated 5.4..2007 passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar in ITA No.94 95(ASR)/2002 in case of the assessee for the assessment year 1996-97 by raising the following substantial questions of law:- i) Whether on the facts and in the circumstances of the case and in law, the order of the ITAT deleting the penalty of Rs.1,00,000/-imposed under Section 271B of the Act for assessee's failure to get its books of ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income Tax Act. 4. Feeling aggrieved against this order, the assessee filed an appeal before the Commissioner of Income Tax(Appeals), Jalandhar. The said appeal was dismissed by the Commissioner of Income Tax(Appeals), Jalandhar vide order dated 20.2.2002. The assessee further filed an appeal before the Tribunal. The Tribunal vide its order dated 5.4.2007 passed in ITA No.94 95(ASR)/2002 partly allowed the appeal and held that the levy of penalty under Section 271B was uncalled for and thus the penalty was deleted. The relevant part of the judgment of the Tribunal is reproduced as under:- "We have heard the parties and have perused the material on record. The issue under consideration is as to whether the penalty under Section 27 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same before the specified date. However, the assessee had not been able to adduce evidence and hence the default committed by the assessee stood obviously established. We find no force in the contention of the learned counsel for the Revenue. A finding of fact has been recorded by the Tribunal that the assessee has sent a certified copy of the Tax Audit Report to the Department well in time under postal certificate(UPC) and the authenticity of the UPC has not been doubted by the department. It is a case of the department that the UPC was of a date beyond the specified date. Even before us, the learned counsel for the Revenue was unable to challenge the said finding of fact recorded by the Tribunal. Thus the department has not been able t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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