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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
O R D E R Per Bench This assessee’s appeal for A.Y. 2017-18 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/1051888075(1) dated 05.04.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Case called twice. None appears at assessee’s behest. We accordingly proceed exparte against the assessee.
We find at the outset with the able assistance coming from the Revenue side that both the learned lower authorities have levied sec.271B penalty in assessee’s case on account of the latter’s failure in filing sec.139(1) return without getting the Junaid Vaverukunnel Pareed accounts audited u/sec.44AB followed by placing the corresponding tax audit report before the prescribed date i.e., 07.11.2017. The assessee on the other hand had pleaded his illness in the corresponding time period and further placed on record his medical report(s) pertaining to the relevant time period.
Faced with this situation, we find no merit in Revenue’s vehement contentions supporting the impugned sec.271B penalty since there exists a “reasonable cause” u/sec.273B indicating circumstances beyond assessee’s control. This penalty stands deleted accordingly.
This assessee’s appeal is allowed in above terms.