M/S. MILK FOOD AIDS PVT. LTD.,BIKANER vs. ACIT, CIRCLE CIRCLE, BIKANER
What did the Tribunal hold?
The Tribunal held that no penalty can be levied under Section 271BA if there is a reasonable cause for failure, as provided under Section 273B. Since the assessee's explanation was acceptable as reasonable, the penalty was obliterated.
What were the facts?
The assessee failed to upload the report under Section 92E before the due date of filing the return. The assessee submitted that this was due to technical glitches as the provision was recently introduced and that the report was produced before the Assessing Officer before the assessment was completed.
What were the issues?
Whether penalty under Section 271BA is leviable for failure to upload the report under Section 92E when there is a reasonable cause for such failure.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JODHPUR BENCH: JODHPUR
Before: Shri Saktijit DeyDr. B. R. R. Kumar
ORDER
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by assessee against the order of ld. CIT(A)-4, Jaipur, dated 25.10.2018.
Following grounds have been raised by the assessee:
1. That on the facts and in the circumstances of the case, the ld. CIT(A) erred in upholding validity of imposition of penalty u/s 271BA of the Act.
2. That on the facts and in the circumstances of the case, the ld. CIT(A) erred in sustaining penalty u/s 271BA of the Act. 3. That on the facts and in the circumstances of the case, the ld. CIT(A) erred in not considering reasonable explanation furnished by the assessee.
M/s Milk Foods Aids Pvt. Ltd. 4. That the petitioner may kindly be permitted to raise any additional or alternative grounds at or before the time of hearing.
Penalty has been levied u/s 271BA for failure of the assessee to upload the report u/s 92E before the due date of filing of the return. It was submitted that the assessee has produced the report before the Assessing Officer before the completion of the assessment. It was submitted that the Form No.3CEB could not be uploaded as the provision has been introduced recently and due to technical glitches.
Having gone through the facts of the case and the order of the coordinate Bench of the ITAT, Jodhpur, in we hold that no penalty can be leviable u/s 271BA if there is a reasonable cause for failure of the assessee as provided u/s 273B. Since the explanation given by the assessee are acceptable as reasonable, the penalty levied u/s 271BA is hereby obliterated.
In the result, the appeal of the assessee is allowed.
Order Pronounced in the Open Court on 22/09/2023.
More judgments on Section 271BA
- Scott Edil Advance Research Laboratories… vs DCIT/ACIT(Cen)-1 Chd, ChandigarhITA 1542/CHANDI/2025[2016-17]Status: Disposed22 Sept 2026AY 2016-17
- Scott Edil Advance Research Laboratories… vs DCIT/ACIT(Cen)-1 Chd, ChandigarhITA 1541/CHANDI/2025[2015-16]Status: Disposed22 Sept 2026AY 2015-16
- Scott Edil Advance Research Laboratories… vs DCIT/ACIT(Cen)-1 Chd, ChandigarhITA 1540/CHANDI/2025[2014-15]Status: Disposed22 Sept 2026AY 2014-15
- ACIT CC 2(4) Mumbai, Mumbai vs Giraffe Developers Pvt Ltd, MumbaiITA 1969/MUM/2026[2014-15]Status: Disposed15 Jul 2026AY 2014-15
- P C Snehal Engineers Private Limited… vs DCIT, Circle 3(1)(1), AhmedabadITA 1174/AHD/2026[2014-15]Status: Disposed14 Jul 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Sharad Ashok Agarwal vs. State Of Maharashtra Through G.P. And OrsBombay · 14 Oct 2026
- Md. Akhtar Ansari, Proprietor Of M/S Indian Associates vs. State Of Jharkhand, Through Commissioner Of State Tax, Commercial Tax Dept.Jharkhand · 14 Oct 2026
- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026
- M/S Gujarat Co-Operative Milk Marketing Federation Limited vs. Union Of INDIAGujarat · 14 Oct 2026