2010 (12) TMI 758 - HC - Income Tax

Belated filing of Audit report u/s 44AB - Penalty u/s 271B - Limitation - Assessee had pleaded that there was a reasonable cause within the meaning of Section 273B, as the statutory auditors of the appellant Company were appointed belatedly by the Government of India - It was further the case of the assessee that on a similar account, the penalty which was levied u/s 271B for the assessment year 1990-91, the same explanation was found to be reasonable - The Tribunal in the case of DCIT Vs. Goindwal Industrial and Investment Corporation of Punjab Ltd. (2000 -TMI - 60953 - ITAT CHANDIGARH) wherein under similar circumstances the Tribunal held that the assessee had reasonable cause as it filed return within due date and also filed the audit report u/s 44AB along with return - Accordingly, the questions of law are answered in favour of the assessee.

Summary

Issues:
1. Different view by Tribunal for different assessment years.
2. Compliance with Section 44AB for tax audit report.
3. Non-appointment of statutory auditors.
4. Limitation for penalty proceedings under Section 275(1)(c) of the Income Tax Act.
5. Legality and arbitrariness of penalty imposition.

Issue 1: Different view by Tribunal
The appeal raised the question of whether the Tribunal was justified in taking a different view for the same appellant in different assessment years. The appellant argued that a similar explanation was found reasonable in a penalty case for the assessment year 1990-91. The Court found merit in the appellant's argument and held that the Tribunal erred in upholding the penalty under section 271B of the Act for the assessment year in question.

Issue 2: Compliance with Section 44AB
The assessing officer initiated penalty proceedings under Section 271B of the Act due to deficiencies in the audit report filed by the appellant. The appellant argued that the delay in appointing statutory auditors was beyond their control and constituted a reasonable cause under Section 273B. The Court agreed with the appellant, emphasizing that the delay in appointing auditors was a valid reason for not getting the accounts audited within the permissible time.

Issue 3: Non-appointment of statutory auditors
The appellant contended that the non-appointment of statutory auditors was beyond their control, as the auditors were appointed belatedly by the Government of India. The Court considered this argument valid and held that there was a reasonable cause for the delay in appointing auditors, thus supporting the appellant's position.

Issue 4: Limitation for penalty proceedings
The appellant raised a question regarding the limitation for penalty proceedings under Section 275(1)(c) of the Income Tax Act. The Court did not provide detailed analysis on this issue in the judgment, but it was one of the substantial questions of law claimed for determination.

Issue 5: Legality of penalty imposition
The appellant challenged the imposition of penalty as illegal and arbitrary, claiming it was unsustainable in law. The Court found in favor of the appellant, stating that the authorities below erred in holding that there was no reasonable cause for the delay in getting the accounts audited. Consequently, the Court answered the questions of law in favor of the appellant and allowed the appeal without costs.