9911796707
|
Home
Issues:
Penalty under section 271B of the Income-tax Act, 1961 for failure to file audit report within specified date. Detailed Analysis: 1. The dispute in the appeal pertains to the penalty imposed under section 271B of the Income-tax Act, 1961 for the failure to file the audit report within the specified date as required under section 44AB. The assessee, engaged in government contract works and construction, failed to get its accounts audited within the stipulated time frame. The Income Tax Officer (ITO) imposed a penalty of Rs. 1 lakh under section 271B due to the assessee's failure to comply with the audit requirements. The Commissioner (Appeals) upheld the penalty, emphasizing the onus on the assessee to ensure timely audit completion and submission of reports. 2. The assessee contended that the delay in filing the audit report was due to the resignation of the previous auditor and subsequent appointment of a new auditor who completed the audit in January 1986. The counsel argued that there was a reasonable cause for the delay and cited similarities between section 44AB and section 271(1)(a) of the Act. The departmental representative, however, asserted that the assessee did not provide a valid explanation for the delay and justified the penalty imposition. The counsel further highlighted that the books of account were available, refuting claims of unavailability made by the previous auditor. 3. The Tribunal analyzed the provisions of section 44AB, which mandate the audit of accounts for businesses exceeding a specified turnover. The Tribunal noted that the delay in obtaining the audit report was primarily due to the resignation of the previous auditor and subsequent appointment of a new auditor. Considering the circumstances and precedents, the Tribunal concluded that there was a reasonable cause for the delay in filing the audit report under section 44AB. Citing previous court decisions, the Tribunal emphasized the requirement of a valid audit report before filing returns and found no justifiable basis for penalty imposition under section 271B in the present case. 4. Drawing parallels between section 271(1)(a) and section 44AB, the Tribunal referenced court judgments that emphasized the necessity of a completed audit before filing returns to avoid penalty imposition. Applying the principles established in previous cases, the Tribunal ruled in favor of the assessee, canceling the penalty levied under section 271B. The Tribunal concluded that, based on the facts and circumstances of the case, there was a reasonable cause for the delay in obtaining the audit report under section 44AB, thereby absolving the assessee from the penalty. 5. Consequently, the Tribunal allowed the appeal, overturning the penalty imposed under section 271B of the Income-tax Act, 1961.
|
