INCOME TAX OFFICER WARD -2, AKOLA V. SHIR ABDUL WASHIM ABDUL KADIR , AKOLA

ITA 262/NAG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9227 (ITAT-NAGPUR)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 28-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: U U KASAR
• Keywords: Reasonable cause
• Section: 273B

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO. 262 /NAG /201 8 / ASSESSMENT YEAR : 20 0 7 - 08 THE INCOME TAX OFFICER, WARD 2, AKOLA ....... / APPELLANT / V/S. SHRI ABDUL WASIM ABDUL KADIR, DEEPAK CHOWK, AKOT MOTOR STAND, AKOLA PAN : AGWPK0089M / RESPONDENT ASSESSEE BY : SHRI K.P. DEWANI REVENUE BY : SHRI U.U. KASAR / DATE OF HEARING : 2 8 - 03 - 2019 / DATE OF PRONOUNCEMENT : 29 - 03 - 201 9 / ORDER PER VIKAS AWASTHY, JM : TH IS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 1, NAGPUR DATED 1 9 - 09 - 2018 FOR THE ASSESSMENT YEAR 20 12 - 13 DELETING THE PENALTY LEVIED U/S. 271B O F THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). THE PENALTY OF RS.1,50,000/ - HAS BEEN LEVIED BY THE ASSESSING OFFICER FOR DELAY IN FILING OF A UDIT R EPORT. 2 ITA NO . 262 /NAG/201 8 , A.Y. 20 12 - 13 2. SHRI K.P. DEWANI APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE DUE DATE FOR FILING OF RETURN OF INCOME AND A UDIT R EPORT WAS 30 - 09 - 201 2. THE ASSESSEE COULD OBTAIN A UDIT R EPORT FROM THE AUDITORS ON 25 - 03 - 2013 AND THE RETURN WAS FILED ALONG WITH THE A UDIT R EPORT ON 31 - 03 - 2013. THE DELAY OCCURRED IN FINALIZATION OF ACCOUNTS DUE TO DISPUTE WITH REGARD TO SETTLEMENT OF ACCOUNTS OF VARIOUS C USTOMERS. THE DELAY IN FILING OF THE TAX AUDIT REPORT WAS NOT INTENTIONAL OR DELIBERATE BUT WAS FOR THE BONAFIDE REASONS. THE LD. AR FURTHER SUBMITTED THAT IN THE EARLIER AND IN THE SUBSEQUENT ASSESSMENT YEAR S THE ASSESSEE HAS BEEN REGULARLY FILING RETUR N OF INCOME AND T AX A UDIT R EPORT WELL IN TIME. THE LD. AR VEHEMENTLY DEFENDED THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) AND PRAYED FOR DISMISSING THE APPEAL OF REVENUE. 3. ON THE OTHER HAND SHRI U.U. KASAR REPRESENTING THE DEPARTMENT SUBMITTED THAT THERE WAS DELAY IN FILING OF STATUTORY TAX AUDIT REPORT BY THE ASSESSEE WITHIN THE TIME SPECIFIED UNDER THE ACT. HENCE, THE ASSESSING OFFICER HA S RIGHTLY LEVIED PENALTY U/S. 271B OF THE ACT FOR DELAY IN FILING OF TAX AUDIT REPORT. 4. BOTH SIDES HE ARD. ORDERS OF THE AUTHORITIES BELOW PERUSED. THE ASSESSEE IS A TRANSPORTER. THE BOOKS OF THE ASSESSEE ARE SUBJECT TO AUDIT. UNDISPUTEDLY, THE ASSESSEE FILED T AX A UDIT R EPORT BEYOND THE STATUTORY TIME. THE ASSESSEE EXPLAIN ED THE REASON FOR DELAY IN FI LING OF STATUTORY A UDIT R EPORT BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS). THE SAME REASON HAS BEEN REITERATED BEFORE US. DELAY IN FURNISHING TAX AUDIT REPORT BEYOND 3 ITA NO . 262 /NAG/201 8 , A.Y. 20 12 - 13 STATUTORY PERIOD HAS BEEN EXPLAINED BY ASSESSEE. THE ASSESSEE HAS SHOWN REASONABLE CAUSE WITHIN THE MEANING OF SECTION 273B FOR THE DEFAULT. WE DO NOT FIND ANY REASON TO INTERFERE WITH THE FINDINGS OF COMMISSIONER OF INCOME TAX (APPEALS) IN DELETING THE PENALTY LEVIED U/S. 271B OF THE ACT. ACCORDINGLY, THE IMPUGNED ORDER IS UPHELD AND THE APPEAL OF REVENUE IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED ON FRIDAY, THE 29 TH DAY OF MARCH, 2019. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / NAGPUR ; / DATED : 29 TH MARCH, 2019. RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 1, NAGPUR 4. THE PR. CIT - 1/2/3, NAGPUR 5. , , , / DR, ITAT, NAGPUR BENCH, NAGPUR . 6. / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, NAGPUR