MANIPILLAI SARAVANAN, SALEM V. ACIT,CIRCLE-1, SALEM

ITA 497/CHNY/2023

AI Insights

The case involves an appeal by Shri Manipillai Saravanan against a penalty imposed by the Assessing Officer (AO) under section 271B for failing to file the Tax Audit Report by the due date. The AO had levied a penalty of Rs. 1.50 Lacs, which was confirmed by the Commissioner of Income Tax (Appeals). However, the Tribunal noted that the assessee had actually completed the audit before the extended due date of October 31, 2015, and the only issue was the delay in uploading the report, which occurred on March 29, 2016. The Tribunal concluded that this did not warrant a penalty, leading to the allowance of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134373 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 24-09-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 17-04-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 271B

Judgement Text

आयकर अपीलीय अिधकरण “सी” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय ी महावीर िसंह, उपा एवं माननीय ी मनोज कु मार अ%वाल ,लेखा सद( के सम । BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ ITA No.497/Chny/2023 (िनधा)रण वष) / As sessment Year: 2015-16) Shri Manipillai Saravanan No.3, Jaya Complex, Junction Main Road, Salem-636 004. बनाम / V s . ACIT Circle-1 Salem. थायीलेखासं./जीआइआरसं./PAN/GIR No. A WN P S - 857 8-C (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : None थ कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)- Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 25-09-2023 घोषणाकीतारीख /Date of Pronouncement : 25-09-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [CIT(A)] dated 19-01- 2023 confirming penalty u/s 271B for Rs.1.50 Lacs. The impugned penalty has been levied by Ld. AO vide order dated 17-02-2022. At the time of hearing, none appeared for assessee. The Ld. Sr. DR submitted that penalty was mandatory in nature and therefore, the impugned order may be confirmed. Having considered material on record, the appeal is disposed-off as under. The registry has noted delay of 29 days in the 2 ITA No.497/Chny/2023 appeal. Considering the period of delay, the delay is condoned and the appeal is admitted for adjudication on merits. 2. The impugned penalty stem from the facts that the assessee was assessed u/s 143(3) accepting the returned income of Rs.11.83 Lacs. However, it was noted that the stipulated date for filing of return of income along with Tax Audit Report was 30-09-2015. However, the assessee uploaded Tax Audit Report dated 30-10-2015 only on 29-03- 2016. Therefore, impugned penalty of Rs.1.50 Lacs u/s 271B was levied by Ld.AO. The Ld. CIT(A) confirmed the same against which the assessee is in further appeal before us. 3. The undisputed fact that emerges is that the extended due date for filing Tax Audit Report for this year was 31-10-2015. The assessee has got the accounts audited before that date. There is delay only in uploading of the same. Therefore, in our considered opinion, this is not a fit case for levy of impugned penalty. By deleting the impugned penalty, we allow the appeal. 4. The appeal stand allowed. Order pronounced on 25 th September, 2023. Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा34 / VICE PRESIDENT लेखा सद6 / ACCOUNTANT MEMBER चे8ई Chennai; िदनांक Dated : 25-09-2023 DS आदेशकीAितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयु@/CIT 4. िवभागीय ितिनिध/DR 5. गाडEफाईल/GF