INCOME TAX OFFICER WARD -2, AKOLA vs. SHIR ABDUL WASHIM ABDUL KADIR, AKOLA

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ITA 262/NAG/2018Status: DisposedITAT Nagpur29 March 2019AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s order, finding that the assessee had shown reasonable cause for the delay in filing the Tax Audit Report. Therefore, the penalty was rightly deleted.

What were the facts?

The Revenue appealed against the deletion of penalty levied under Section 271B for delay in filing the Tax Audit Report. The assessee explained the delay was due to issues in finalizing accounts and not intentional.

What were the issues?

Whether the delay in filing the Tax Audit Report was due to a reasonable cause, justifying the deletion of penalty under Section 271B.

Which sections of the Income-tax Act were involved?

Section 271B,Section 273B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri K.P. Dewani

आयकर अऩीऱीय अधधकरण नागऩुर न्यायऩीठ, नागऩुर में । IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR श्री डी. करुणाकरा राव, ऱेखा सदस्य, एवं श्री ववकास अवस्थी, न्याययक सदस्य के समक्ष । BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM

आयकर अऩीऱ सं. / ITA No.262/NAG/2018 यनधाारण वषा / Assessment Year : 2007-08

The Income Tax Officer, Ward – 2, Akola .......अऩीऱाथी / Appellant बनाम / V/s.

Shri Abdul Wasim Abdul Kadir, Deepak Chowk, Akot Motor Stand, Akola PAN : AGWPK0089M ……प्रत्यथी / Respondent Assessee by : Shri K.P. Dewani Revenue by : Shri U.U. Kasar सुनवाई की तारीख / Date of Hearing : 28-03-2019 घोषणा की तारीख / Date of Pronouncement : 29-03-2019 आदेश / ORDER PER VIKAS AWASTHY, JM :

This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-1, Nagpur dated 19-09-2018 for the assessment year 2012-13 deleting the penalty levied u/s. 271B of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). The penalty of Rs.1,50,000/- has been levied by the Assessing Officer for delay in filing of Audit Report.

2 ITA No. 262/NAG/2018, A.Y. 2012-13

2.

Shri K.P. Dewani appearing on behalf of the assessee submitted that the due date for filing of return of income and Audit Report was 30-09-2012. The assessee could obtain Audit Report from the Auditors on 25-03-2013 and the return was filed along with the Audit Report on 31-03-2013. The delay occurred in finalization of accounts due to dispute with regard to settlement of accounts of various customers. The delay in filing of the tax audit report was not intentional or deliberate but was for the bonafide reasons. The ld. AR further submitted that in the earlier and in the subsequent assessment years the assessee has been regularly filing return of income and Tax Audit Report well in time. The ld. AR vehemently defended the order of Commissioner of Income Tax (Appeals) and prayed for dismissing the appeal of Revenue.

3.

On the other hand Shri U.U. Kasar representing the Department submitted that there was delay in filing of statutory tax audit report by the assessee within the time specified under the Act. Hence, the Assessing Officer has rightly levied penalty u/s. 271B of the Act for delay in filing of tax audit report.

4.

Both sides heard. Orders of the authorities below perused. The assessee is a transporter. The books of the assessee are subject to audit. Undisputedly, the assessee filed Tax Audit Report beyond the statutory time. The assessee explained the reason for delay in filing of statutory Audit Report before the Commissioner of Income Tax (Appeals). The same reason has been reiterated before us. Delay in furnishing Tax Audit Report beyond

3 ITA No. 262/NAG/2018, A.Y. 2012-13

statutory period has been explained by assessee. The assessee has shown reasonable cause within the meaning of section 273B for the default. We do not find any reason to interfere with the findings of Commissioner of Income Tax (Appeals) in deleting the penalty levied u/s. 271B of the Act. Accordingly, the impugned order is upheld and the appeal of Revenue is dismissed.

5.

In the result, the appeal of Revenue is dismissed.

Order pronounced on Friday, the 29th day of March, 2019. Sd/- Sd/- (डी. करुणाकरा राव/D. Karunakara Rao) (ववकास अवस्थी / Vikas Awasthy) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER

नागऩुर / Nagpur; ददनाांक / Dated : 29th March, 2019. RK आदेश की प्रयिलऱवऩ अग्रेवषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. आयकर आयुक्त (अऩीऱ) / The CIT(A)-1, Nagpur 3. 4. The Pr. CIT-1/2/3, Nagpur ववभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, नागऩुर बेंच, 5. नागऩुर / DR, ITAT, Nagpur Bench, Nagpur. गाडड फ़ाइऱ / Guard File. 6. //सत्यावऩत प्रयत // True Copy// आदेशानुसार / BY ORDER,

यनजी सधचव / Private Secretary, आयकर अऩीऱीय अधधकरण, नागऩुर / ITAT, Nagpur

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