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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/250/2022- 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.