SH. BALBIR SINGH CHADHA,CHANDIGARH vs. ITO, W-4(4), CHANDIGARH
What did the Tribunal hold?
The Tribunal held that the defaults were inadvertent and not intentional, and that the assessee had a reasonable cause due to the tax consultant's workload and the assessee's absence. Therefore, the penalties were not leviable.
What were the facts?
The assessee failed to get his accounts audited by the due date and also delayed filing his income tax return for AY 2010-11. The assessee attributed these defaults to his tax consultants and his absence from the country.
What were the issues?
Whether the defaults in getting accounts audited and filing the income tax return were due to reasonable cause, and if penalties under Section 271B and 271F were leviable.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CHANDIGARH BENCH ‘A’, CHANDIGARH
Before: SHRI SANJAY GARG & SMT.ANNAPURNA GUPTA
Ld.Counsel for the assessee pointed out that both the
defaults were inadvertent and beyond the control of the
assessee since the taxation matters of the assessee were
being looked after by tax consultants and tax auditors, who
due to heavy rush of return had failed to file ITR by the due
date alongwith tax audit report u/s 44AB of the Act and
since the assessee was away to New Zealand from 6.9.2010
to 16.3.2011, he could not follow up the same with his
3 ITA Nos.84 & 85/Chd/2019 A.Y. 2010-11
consultants and it was only thereafter when the notice u/s
148 of the Act was received by him on 5.11.2017 that the
said defaults were acted upon and rectified. The Ld.Counsel
for the assessee also pointed out that his return for the
impugned year had been subjected to scrutiny and the
returned income had been accepted as such without making
any addition. Copy of the assessment order passed for the
impugned year was filed before us. It was, therefore, stated
that even otherwise no prejudice was caused to the Revenue
on account of this default of the assessee.
Ld.DR on the other hand relied on the order of the
CIT(A) pointing out that the busyness of the tax consultant
and the absence of the assessee from the country at that
point of time does not constitute reasonable cause for the
lapse/default, when the assessee could very well have
followed up with his consultant for complying with the
statutory deadlines.
We have heard the rival contentions and do not find it
a fit case for levy of penalty for delayed filing of tax audit
report and income tax return. Undoubtedly the Revenue
could not find any fault in the income returned by the
assessee for the impugned year, despite subjecting it to
scrutiny assessment. What emerges from the same is that
4 ITA Nos.84 & 85/Chd/2019 A.Y. 2010-11
the non filing of tax audit report and of the return of income by the specified due date was definitely not intentional with the purpose of not disclosing any income for taxation. The plea of the assessee therefore that it was an inadvertent default, on account of the tax consultant being busy with GST returns and the assessee not being able to adequately follow up with him since he was away in New Zealand, appears to be a reasonable cause.
In view of the same we hold that no penalty u/s 271B and 271F was leviable in the present case and direct deletion of both. 7. In the result, both the appeals of the assessee are allowed. Order pronounced in the Open Court.
Sd/- Sd/- संजय गग� अ�नपूणा� गु�ता (ANNAPURNA GUPTA) (SANJAY GARG) �याय�क सद�य/Judicial Member लेखा सद�य/Accountant Member �दनांक /Dated: 26th September, 2019 *रती* आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar
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