M/s. Milk Food Aids Pvt. Ltd. , Bikaner V. ACIT, Circle Circle, Bikaner

ITA 10/JODH/2019

AI Insights

The case involves M/s Milk Foods Aids Pvt. Ltd., the appellant, contesting a penalty imposed by the Assessing Officer under section 271BA for failing to upload a report under section 92E before the due date of filing the return for the assessment year 2014-15. The penalty was upheld by the CIT(A)-4, Jaipur, which led to the filing of the present appeal. The appellant argued that the report was produced before the Assessing Officer before the completion of the assessment and cited technical glitches as the reason for the delay in uploading Form No.3CEB. The Tribunal, referencing a previous decision in ITA No.567/Jodh/2018, accepted the appellant's explanation as a reasonable cause under section 273B, thus allowing the appeal and removing the penalty.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 122874 (ITAT-JODHPUR)
• Duration Of Justice: 4 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 19-09-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 09-01-2019
• Other Referred Cases: ITA No.567/Jodh/2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV MOHAN
• Keywords: Reasonable cause
• Section: 92E

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH: JODHPUR Before Shri Saktijit Dey, Vice President Dr. B. R. R. Kumar, Accountant Member ITA No.10/Jodh/2019 : Asstt. Year: 2014-15 M/s Milk Foods Aids Pvt. Ltd., C/o Rajendra Jain, Advocate, 106, Akshay Deep Complex, 5 th B Road, Sardarpura, Jodhpur. Vs ACIT, Central Circle, Bikaner. (APPELLANT) (RESPONDENT) PAN No. AABCM0047R Assessee by : Smt. Raksha Birla, CA Revenue by : Sh. Rajeev Mohan, JCIT-DR Date of Hearing: 20.09.2023 Date of Pronouncement: 22.09.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by assessee against the order of ld. CIT(A)-4, Jaipur, dated 25.10.2018. 2. Following grounds have been raised by the assessee: 1. That on the facts and in the circumstances of the case, the ld. CIT(A) erred in upholding validity of imposition of penalty u/s 271BA of the Act. 2. That on the facts and in the circumstances of the case, the ld. CIT(A) erred in sustaining penalty u/s 271BA of the Act. 3. That on the facts and in the circumstances of the case, the ld. CIT(A) erred in not considering reasonable explanation furnished by the assessee. ITA No.10/Jodh/2019 M/s Milk Foods Aids Pvt. Ltd. 2 4. That the petitioner may kindly be permitted to raise any additional or alternative grounds at or before the time of hearing. 3. Penalty has been levied u/s 271BA for failure of the assessee to upload the report u/s 92E before the due date of filing of the return. It was submitted that the assessee has produced the report before the Assessing Officer before the completion of the assessment. It was submitted that the Form No.3CEB could not be uploaded as the provision has been introduced recently and due to technical glitches. 4. Having gone through the facts of the case and the order of the coordinate Bench of the ITAT, Jodhpur, in ITA No.567/Jodh/2018, we hold that no penalty can be leviable u/s 271BA if there is a reasonable cause for failure of the assessee as provided u/s 273B. Since the explanation given by the assessee are acceptable as reasonable, the penalty levied u/s 271BA is hereby obliterated. 5. In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 22/09/2023. Sd/- Sd/- (Saktijit Dey) (Dr. B. R. R. Kumar) Vice President Accountant Member Dated: 22/09/2023 *dk* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR