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TMI Blog2013 (7) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... d filed the tax audit report promptly for the earlier years which fact could not be controverted. The delay of 29 days in filing of the tax audit report under section 44AB merited to be condoned – court did not agree with the Tribunal on the question of reasonable cause and that going by the materials explaining the delay – the condonation should be allowed – order of the tribunal set aside – penalty imposed upon the assessee to be cancelled - appeal allowed in the favour of assessee. - - - - - Dated:- 15-6-2011 - CHITRA VENKATARAMAN MRS., JANARTHANA RAJA P. P. S., JJ JUDGMENT The judgment of the court was delivered by Mrs. Chitra Venkataraman J.-The assessee has come on appeal as against the order of the Income-tax Appellate Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnover or gross receipts, as the case may be, in business exceed or exceeds forty lakh rupees in any previous year ; or (b) carrying on profession shall, if his gross receipts in profession exceed ten lakh rupees in any previous year, get his accounts of such previous year audited by an accountant before the specified date and obtain before that date the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed: Provided that in a case where such person is required by or under any other law to get his accounts audited, it shall be sufficient compliance with the provisions of this section if such person gets the accounts of such business or profession a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the audit report under section 44AB of the Income-tax Act could not be submitted in time due to the sudden illness of the auditor, who was entrusted with the preparation of the report under section 44AB of the Income-tax Act. Hence, the assessee submitted that the delay was not intentional, but due to circumstances beyond the control of the assessee. Rejecting the said reply, the Deputy Commissioner of Income-tax, Special Range-I, Coimbatore, levied penalty under section 271B of the Income-tax Act for a sum of Rs. 1,00,000 as specified in the section. The assessee filed an appeal as against the said levy of penalty before the Commissioner of Income-tax (Appeals), who, however, rejected the same, thus confirmed the levy of penalty. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. Since the medical report of the hospital was not of any assistance to the assessee to establish as a matter of fact that the chartered accountant was unwell during the material time, the plea of the assessee was rejected. Aggrieved by this order, the present appeal is filed by the assessee. Heard learned counsel appearing for the assessee and the learned standing counsel appearing for the Revenue and perused the documents. A perusal of the discharge summary from Mallya Hospital, Bangalore, shows that the chartered accountant had past history of heart problem and physical examination and echo-cardiography revealed that an aortic valve lesion was present and he had high blood pressure for the past one year prior to the date of his su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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