LIBO JOHN,THODUPUZHA vs. THE ITO WARD 1 & TPS , THODUPUZHA
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 assessee had a reasonable cause for the delay in filing the tax audit report due to communication gaps with the auditor. Therefore, the penalty levied under section 271B was deleted.
What were the facts?
The assessee filed her return of income along with the tax audit report with some delay. The Assessing Officer completed the assessment and levied a penalty under section 271B.
What were the issues?
Whether the delay in filing the tax audit report 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, 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/250/2022- 23/1040686868(1) dated 13.02.2023 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.
Learned Sr. D.R. vehemently supports both the lower authorities’ action levying section 271B penalty in assessee’s case; inter alia, on the ground that the latter had filed her return on 31.03.2018 along with tax audit report. It goes without Libo John saying that the Assessing Officer completed section 143(3) assessment on 30.10.2019. Meaning thereby that although there is some delay in filing of the assessee’s return along with tax audit report, she has indeed explained the reasons thereof due to various communication gaps, etc. with the auditor’s office. That being the case we hold that the assessee has been able to prove a “reasonable cause” u/sec.273B of the Act and, therefore, we delete the impugned penalty. Ordered accordingly.
This assessee’s appeal is allowed in above terms.
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
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2866/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- 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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