ABDUL SALAM SATHIK BATCHA,GOBICHETTYOALAYAM vs. ITO,WARD-2(1), ERODE

The Registry has noted the delay of 37 days in the appeal, the condonation of which has been sought by the assessee on the strength of affidavit of the assessee. The Ld. DR opposed the condonation of delay. However, keeping in view the period of delay and contents of the affidavit, we condone the delay and admit the appeal for adjudication on merits.

The impugned penalty stem from the fact that the assessee filed Tax Audit Report on 20.03.2018 which was beyond due date as prescribed u/s 44AB. Invoking the provisions of Sec.271B, Ld. AO levied penalty of Rs.1.50 Lacs which was confirmed by Ld. CIT(A). Aggrieved, the assessee is in further appeal before us. 4. From the facts, it emerges that the copy of Tax Audit Report was filed along with return of income and the same was also furnished during the course of assessment proceedings. On similar facts, the decision of this Tribunal in Shri Ramunaicker Raja vs. ACIT (ITA No. 603/Chny/2022 dated 15-02-2023) supports the case of the assessee wherein it was held that it is not a fit case for levy of penalty. Following the same, we delete the impugned penalty. 5. The appeal stand allowed. Order pronounced on 25th July, 2023 Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) �ाियक सद!/JUDICIAL MEMBER लेखासद! / ACCOUNTANT MEMBER चे5ई Chennai; िदनांक Dated : 25-07-2023 DS आदेशकीUितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. !"थ�/Respondent 3. आयकरआयु>/CIT 4. िवभागीय!ितिनिध/DR 5. गाडCफाईल/GF