2003 (3) TMI 272 - AT - Income Tax

Summary

Issues:
1. Deletion of penalty under section 271B by CIT(A)
2. Substitution of late individual with spouse as legal representative
3. Interpretation of provisions of section 44AB regarding filing of audit report

Analysis:

Issue 1: Deletion of penalty under section 271B by CIT(A)
The Revenue appealed against the order of CIT(A) deleting a penalty of Rs. 1 lakh imposed under section 271B. The Assessing Officer (AO) imposed the penalty as the audit report filed by the assessee did not include the trading account, P&L account, and balance sheet along with Forms 3CB and 3CD. However, the CIT(A) found that the assessee had filed the audit report within the specified time and argued that there was no mandatory requirement to file the additional documents along with the audit report. The CIT(A) concluded that the assessee had complied with the provisions of section 44AB and deleted the penalty.

Issue 2: Substitution of late individual with spouse as legal representative
The appeal was filed against the assessee, who had passed away, and his wife moved an application to be substituted as the legal representative. The Department did not object to this substitution, and the wife was brought on record as the legal representative of the deceased assessee. The business was now being managed by the wife as the proprietor of the firm.

Issue 3: Interpretation of provisions of section 44AB regarding filing of audit report
The Departmental Representative argued that under section 44AB, the assessee was required to file the audit report along with the trading account, P&L account, and balance sheet. However, the Authorized Representative for the assessee contended that the relevant Form 3CB in force during the assessment year did not mandate the attachment of these documents with the audit report. The Tribunal agreed with the Authorized Representative, stating that as per the applicable Form 3CB, it was not obligatory for the assessee to file the trading account, P&L account, and balance sheet along with the audit report. Therefore, the Tribunal upheld the decision of the CIT(A) to delete the penalty imposed by the AO.

In conclusion, the Tribunal dismissed the appeal, upholding the deletion of the penalty under section 271B by the CIT(A) based on the proper interpretation of the provisions of section 44AB and the relevant audit report forms in force during the assessment year.