TMI Blog2023 (4) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... The facts and figures of the original return and the revised return are exactly same and there is nothing contrary. Even it is not the case of the Revenue-Department that the Assessee has failed to get his accounts audited for the year under consideration and/or failed to furnish report of such audit as required u/s 44AB of the Act before the finalization of the assessment order, as mandated u/s 271B of the Act - Appeal filed by the Assessee stands allowed. - ITA No. 6915/Del/2019 - - - Dated:- 31-1-2023 - Shri Anil Chaturvedi, Accountant Member And Shri Narender Kumar Choudhry, Judicial Member For the Assessee : None For the Department : Shri B.M. Singh Sr. DR ORDER PER N.K. CHOUDHRY, JM: The Assessee has pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 6,08,395/-, as claimed in his P L A/c by the Assessee . 3.2 The AO also observed that case of the Assessee was selected for scrutiny under CASS on the ground that the Auditor mentioned in the original return had denied to have conducted audit for the Assessee, though Assessee claims so. Now the Assessee has submitted that the actual auditor was Shri V.K. Gupta of M/s M.K. Goswami Co. The revised return was filed through Shri V.K. Gupta of M/s M.K. Goswami Co. Since the revised return was filed after the due date of filing of return, it is held that the Assessee has got his books of account audited after the stipulated period of time. Accordingly, penalty proceedings u/s 271B of the Act are also being initiated for not getting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case and orders passed by the authorities below. For imposition of penalty u/s 271B of the Act , the following conditions are enumerated in Section 271B of the Act: If any person fails to get his accounts audited in respect of any previous year or years relevant to an assessment year; or failed to furnish a report of such audit as required u/s 44AB 5.2 In the instant case, the Assessee filed its return of income on 30.09.2011 and the books of account of the Assessee have also been audited only on 30.09.2011, however it seems that somehow due to inadvertent or otherwise mistake in the name of Auditor, the Assessee failed to file correct audited books of account, alongwith original return of income, but it is a fact that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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