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Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: HON’BLE SHRI V. DURGA RAO, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [CIT(A)] dated 02-03- 2023 confirming penalty u/s 271B for Rs.1.50 Lacs. The impugned penalty has been levied by Ld. AO vide order dated 22-02-2022.
The registry has noted a delay of 70 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of condonation petition. Though Ld. Sr. DR opposed the condonation, the bench deems it fit to condone the delay and admit the appeal for adjudication on merits 3. The impugned penalty stem from the facts that the assessee failed to comply with the provisions of Sec. 44AB. Before Ld. AO, the assessee submitted that this was the first year of Tax Audit and there was delay in appointing the auditor. However, the plea was rejected. The penalty was confirmed by Ld. CIT(A) on the ground that the assessee did not submit any supporting document to establish the date when the books were actually audited. The assessee could not show any reason for non- compliance. Aggrieved, the assessee is in further appeal before us.
After perusal of case records and considering the impugned order, we deem it fit to restore the matter back to the file of Ld. CIT(A) with a direction to the assessee to substantiate its case by filing the requisite details. The ld. CIT(A) shall re-adjudicate the issue in the light of assessee’s submissions.
The appeal stand allowed for statistical purposes. Order pronounced on 28th August, 2023. Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) �ाियक सद /JUDICIAL MEMBER लेखासद / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 28-08-2023 DS आदेशकीUितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. !"थ�/Respondent 3. आयकरआयु=/CIT 4. िवभागीय!ितिनिध/DR 5. गाडBफाईल/GF