NAGA THULASIRAM JAYANTHI, SALEM V. ACIT CIRCLE 1(1) SALEM, SALEM

ITA 313/CHNY/2023

AI Insights

The case involves Mrs. Naga Thulasiram Jayanthi, a sole proprietor of M/s Jayanthi Silvers, who appealed against the penalty confirmed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The penalty was originally levied by the Assessing Officer for not furnishing the Tax Audit Report electronically by the due date, despite the report being completed and the return of income being filed on time. The Tribunal considered the circumstances of the delay, including the assessee's adverse medical conditions, and decided in favor of the assessee, highlighting that the returned income was accepted and the delay was minor.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133926 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 24-04-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 12-03-2023
• Laws Referred To: Section 271B, Section 143(3), Section 44AB
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 271B

Judgement Text

आयकर अपीलीय अिधकरण ‘बी’ ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI माननीय +ी मनोज कु मार अ/वाल ,लेखा सद4 एवं माननीय +ी मनोमोहन दास ाियक सद4 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM, AND HON’BLE SHRI MANOMOHAN DAS, JUDICIAL MEMBER आयकर अपील सं./ ITA No.313/Chn y/2023 (िनधा@रण वष@ / Assessment Year: 2016-17) Mrs. Naga Thulasiram Jayanthi 18/5, Propx: Jayanthi Silvers, Rajaji Road, Salem-636 007. बनाम / V s . ACIT Circle-1(1) Salem. था यी ले खा सं. /जीआ इ आ र सं. /P AN / G I R No . AC AP J -04 76-F (अ पीलाथ%/Appellant) : (&'थ% / Respondent) अपीलाथ% की ओरसे/ Appellant by : Shri Ashok Durai (C.A)-Ld. AR &'थ% की ओरसे/Respondent by : Shri D.Hema Bhupal (JCIT) –Ld.DR सुनवाई की तारीख/Date of Hearing : 25-04-2023 घोषणा की तारीख /Date of Pronouncement : 25-04-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by confirmation of penalty u/s 271B for Rs.1.50 Lacs for Assessment Year (AY) 2016-17, the assessee is in further appeal before us. The impugned order has been passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 07-02-2023 in the matter of impugned penalty levied by Ld. AO vide order dated 29.06.2019. Having heard rival submissions and after perusal of case records, the appeal is disposed-off as under. ITA No.313/Chny/2023 - 2 - 2. The assessee was assessed u/s 143(3) on 28.12.2018 wherein returned income was accepted. However, the assessee failed to furnish Tax Audit Report in terms of Sec.44AB along with return of income, Ld. AO proposed impugned penalty. The Audit Report was furnished on 26.12.2016. The assessee is stated to be sole proprietor of M/s Jayanthi Silvers. In defense, it was submitted that the audit was completed on 19.09.2016 and the return of income was filed on 26.12.2016. The same was due to the adverse medical conditions being faced by the assessee. In support, certificate from doctor was also furnished. However, Ld AO held that the assessee was required to furnish the report electronically on or before 30.09.2016 and therefore, impugned penalty was levied. The Ld. CIT(A) confirmed the same on the ground that there was no reasonable cause. Aggrieved, the assessee is in further appeal before us. 3. Upon perusal of factual matrix as stated above, it could be seen that the assessee has obtained the Tax Audit Report well before due date of return of income. However, the delay in furnishing the same happened due to adverse medical conditions being faced by the assessee. There is only minor delay and ultimately the returned income has been accepted by the assessee. Therefore, it is not a fit case for imposition of penalty. We order so. 4. The appeal stands allowed in terms of our above order. Order pronounced on 25 th April, 2023. Sd/- (MANOMOHAN DAS) ाियक सद4 / JUDICIAL MEMBER Sd/- (MANOJ KUMAR AGGARWAL) लेखा सद4 / ACCOUNTANT MEMBER ITA No.313/Chny/2023 - 3 - चे7ई / Chennai; िदनांक / Dated : 25-04-2023 DS आदेश की Sितिलिप अ /ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आय ु त/CIT 4. वभागीय त न ध/DR 5. गाड फाईल/GF