PARTHIBARAJA ARUMUGHAM,SALEM vs. THE INCOME TAX OFFICER, WARD-1(1), SALEM

1. This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter referred to as “the Ld.CIT(A)”), Delhi, dated 03.01.2025 for the Assessment Year (hereinafter referred to as "AY”) 2017-18 confirming the penalty levied by the Assessing Officer (AO) u/s.271B of the Income Tax Act, 1961 (hereinafter referred to as "the Act”) for belated filing of the Audit Report and thereby, levied penalty of Rs.1,38,073/-.

Before the Ld.CIT(A), the assessee brought to his notice that assessee had got his books of accounts audited and had filed the Audit- Report in Form 3CB & 3CD within the due date u/s.139(1) of the Act; and submitted a copy before the Ld.CIT(A), wherein he found that Form 3CB & 3CD was dated 23.10.2017. According to the Ld.CIT(A), for AY 2017- 18, due date for filing of audited books of accounts was 30th September of that year; and since, the Audit Report filed by the assessee was on 23.10.2017, he was of the view that the Audit Report has been filed belatedly and therefore, he confirmed the action of the AO levying penalty u/s.271B of the Act.

Aggrieved, the assessee is in appeal before this Tribunal.

Having heard both the parties and after perusal of the records, aforesaid facts are not repeated for the sake of brevity and are not disputed. The only grievance of the assessee is that the Ld.CIT(A) erred in noticing the due date of filing of RoI for a person requiring to get audited books of accounts was 30th September, 2017 whereas it was brought to our notice that the Ld.CIT(A) failed to note that the due date to file the Audit Report was extended up to 07.11.2017 by the CBDT by its order u/s.119 of the Act dated 31.10.2017 vide F.No.225/270/2017/ITA.II [refer Page No.42 of the Paper Book].