2008 (3) TMI 412 - HC - Income Tax

Tribunal confirming penalty levied under section 271B of the Income-tax Act 1961 for belated filing of audit report as required under section 44AB - we find that the appellant did not adduce any evidence to justify the delay in filing the audit report as required under section 44AB of the Act and if any acceptable explanation was filed the appellant could have avoided penalty. In the absence of any evidence adduced by the appellant at least before the Tribunal we do not find any ground to interfere with the minimum penalty imposed under section 271B for admitted delay of filing audit report. We therefore dismiss the appeal.

Summary

The High Court of Kerala upheld the penalty under section 271B of the Income-tax Act for belated filing of an audit report as required by section 44AB. The appellant failed to provide evidence justifying the delay, leading to dismissal of the appeal.