M/S EDEN AUTOMOTIVES (P) LTD.,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

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ITA 193/JPR/2018Status: DisposedITAT Jaipur30 May 2019AY 2012-138 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the amended Rule 12(2) was not applicable as on the due date of filing the return. Since the audit report was obtained before the due date and filed along with the belated return, there was a reasonable cause for non-compliance, making Section 273B applicable.

What were the facts?

The assessee filed its return of income belatedly for AY 2012-13. The Assessing Officer (AO) initiated penalty proceedings under section 271B for not filing the tax audit report before the due date of filing the return.

What were the issues?

Whether penalty under Section 271B is leviable for delayed filing of audit report when the return itself was filed belatedly and there was a reasonable cause for the delay.

Which sections of the Income-tax Act were involved?

Section 271B,Section 44AB,Section 139(1),Section 273B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR

Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM

For Appellant: Shri Ashok Kumar Gupta (Advocate) &, Shri S.L. Jain (Advocate) jktLo dh vksj ls@
1.

The Appellant- M/s.Eden Automotives Pvt. Ltd., Jaipur.

2.

The Respondent – The ITO Ward 1(3), Jaipur. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 193/JP/2018) vkns'kkuqlkj@ By order,

सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत

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