VIVIMED LABS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE 3(4), HYDERABAD

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ITA 601/HYD/2025Status: HeardITAT Hyderabad07 November 2025AY 2018-19Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)9 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal observed contradictions regarding the filing date of the audit report and its availability to the A.O. The case was remanded back to the A.O. to verify the actual due date, filing date of the return, and actual filing date of the audit report. The Tribunal held that if the audit report was made available to the A.O. during assessment and a bona fide reason for delay exists, no penalty should be levied.

What were the facts?

The assessee, Vivimed Labs Ltd., was penalized under Section 271B for failing to submit its tax audit report by the due date for AY 2018-19, despite its gross receipts exceeding the threshold under Section 44AB. The CIT(A) upheld the penalty. The assessee claimed the audit report was filed on 30.11.2018, which was allegedly the extended due date.

What were the issues?

Whether penalty under Section 271B is leviable if the tax audit report, though filed late, was available to the A.O. before assessment completion, and whether there was a reasonable cause for the delay in filing the audit report.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 274,Section 271B,Section 44AB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad “B” Bench, Hyderabad

आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:-

1. 1. निर्धाररती/The Assessee : Vivimed Labs Limited, C/o. P. Murali & Co, Chartered Accountants, 6-3-655/2/3, Somajiguda, Hyderabad – 500082, Telangana. 2. रधजस्व/ The Revenue : The Deputy Commissioner of Income Tax, Central Circle 3(4), Hyderabad.

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