THE LALGUDI SIVAGNANAM AGRICULTURAL PRODUCERS CO-OP MKG SOCIETY LIMITED,TRICHY vs. DCIT CIRCLE 1(1), TRICHY
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the delay in filing the Tax Audit Report was due to reasonable cause, as the finalization of accounts and departmental audit were beyond the assessee's control. Therefore, the penalty levied under Section 271B was deleted.
What were the facts?
The assessee, a cooperative society, filed its Tax Audit Report with a delay in multiple assessment years. The delay was attributed to the cooperative department's audit process, which was beyond the assessee's control.
What were the issues?
Whether a delay in filing the Tax Audit Report, caused by factors beyond the assessee's control, constitutes a reasonable cause for waiving the penalty under Section 271B.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
(िनधा9रण वष9 / Assessment Year: 2016-17) The Lalgudi Sivagnanam Agricultural DCIT बनाम/ Producers Co-op MKG Society Limited Circle-1(1) 171, Lalgudi, Trichy. Vs. Tiruchirapalli-621 601. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAAAT-0204-A (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri S. Sridhar (Advocate from Erode) - Ld. AR � थ�कीओरसे/Respondent by : Ms. Kavitha (Addl.CIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 29-08-2024 घोषणा की तारीख /Date of Pronouncement : 03-09-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aggrieved by confirmation of penalty u/s 271B for Rs.1.50 Lacs in each of the captioned Assessment Years (AY), the assessee is in further appeals before us. The impugned orders have been passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 26-02-2024 in the matter of impugned penalty levied by Ld. Assessing Officer [AO] u/s. 271B of the Act vide separate orders all dated 16-06-2023. The facts leading to levy of penalty are quite identical in all the years. The registry has noted delay of 28 days in the appeals. Considering the period of delay and keeping in mind the principles of natural justice, the delay is condoned and we proceed with disposal of the appeals on merits.
In AY 2014-15, the impugned penalty has been levied in view of the fact that the assessee filed Tax Audit Report in Form No.3CB with a delay on 12-09-2015 as against due date of 30-11-2014. In defense, the assessee submitted that it was governed by Tamilnadu Cooperative Societies Act, 1983 and rules made there-under. The delay in filing the Audit Report was due to the fact that Final Audit Report audited by the cooperative Department got completed only on 16-04-2015 which led to delay in filing of Tax Audit Report. The completion of audit was beyond the control of the assessee as the matter related to appointment and completion of audit by the department. However, rejecting the same, Ld. AO levied penalty u/s 271B for Rs.1.50 Lacs. The Ld. CIT(A) confirmed the same against which the assessee is in further appeal before us.
It is undisputed fact that the assessee is a cooperative society and subjected to department audit. The matter of appointment of auditor and completion of audit is beyond the control of the assessee. The assessee would not stand to gain anything by completing the audit with a delay. The assessee would be able to get Tax Audit Report only after finalization of financial accounts and completion of audit by the department. In such a scenario, the explanation of the assessee is to be accepted as a reasonable cause.
The various decisions of Tribunal support the case of the assessee. The coordinate bench in the case of M/s Balaji Logistics (ITA No.2248/Chny/2019 dated 07-09-2022), relied on another decision of Tribunal in M/s T.P.D. 101, Uthangarai Milk Producer Co-operative Society Ltd. (ITA No.152/Chny/2021 dated 29-06-2022) and held that when Tax Audit Report was made available to Ld. AO before completion of assessment proceedings then mere venial technical breach without any mala fide intention would not call for levy of penalty u/s 271B. Similar are the other decisions as placed on record. Therefore, by following the same, we delete the impugned penalty in all the three years and allow the appeals of the assessee.
More judgments on Section 271B
- Devayatbhai Kalotara, Rajkot vs The Income Tax Officer, Ward-2, RajkotITA 679/RJT/2026[2020-21]Status: Disposed9 Oct 2026AY 2020-21
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2867/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
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- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2865/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2864/PUN/2026[2018-19]Status: Disposed9 Oct 2026AY 2018-19
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