9911796707
TMI Blog2014 (12) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... By : Smt. Shalini Verma, Sr. DR ORDER PER BENCH: This bunch of 19 files involve two assessees in respect of whom penalty has been imposed u/s 271(1)(b) of the Income-tax Act, 1961 ('the Act' for short) in relation to the assessment years 2004-05 to 2010-11. 2. Since common issue is raised in all these appeals, we are proceeding to dispose them off by this consolidated order for the sake of con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in finalization of books of account for the Financial year 2010-11 as income tax return for AY 2011-12 was to be filed on 30.09.2011. The assessee further stated that the delay on the part of the assessee in filing the return/documents was unintentional. The assessee further requested for grant of time of 15/20 days for doing the needful. Not convinced with the assessee's submissions, the AO impos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rystal clear that the assessee was prevented by a reasonable cause in not complying with the directions of the AO which led to the imposition of penalty u/s 271(1)(b) of the Act. 5. Here, it is relevant to mention that the provisions of the section 271(1)(b) of the Act imposing penalty are not absolute. Section 273B provides that where the assessee shows a reasonable cause for the default which l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and order for deletion of this penalty. 6. The facts and circumstances in all other cases are admittedly, mutatis mutandis similar to those of Shalini Goyal, which has been discussed, supra. Following the view taken hereinabove, we order for the deletion of the penalty in other cases as well. 7. In the result, all the appeals are allowed. The order pronounced in the open court on 20.06.2014.< ..... X X X X Extracts X X X X X X X X Extracts X X X X
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