9911796707
TMI Blog2005 (3) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... te, was mandatory so as to attract penalty under section 271B. If so, whether the order passed by the Tribunal is justiciable?" - In our opinion, the explanation offered by the assessee in this case ought to have been accepted being a sufficient one. The delay in filing certain form was not inordinate. It was hardly of two months. Secondly, there was an explanation offered for such delay. The dela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, which requires furnishing of the audit report on the specified date, was mandatory so as to attract penalty under section 271B of the Act. If so, whether the order passed by the Tribunal is justiciable?" Heard Shri S.K. Pawnekar, learned counsel for the appellant and Shri R.L. Jain, learned senior counsel with Ku. V. Mandlik, for the respondents. In short, the question that arises for consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stored by the Tribunal by the impugned order giving rise to filing of this appeal by the assessee. Having heard learned counsel for the parties and having perused the record of the case, we are of the view that the appeal deserves to be allowed. In our opinion, the use of the expression "may" in section 271B confers discretion on the Assessing Officer to impose penalty for the breach of section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertain form was not inordinate. It was hardly of two months. Secondly, there was an explanation offered for such delay. The delay thus did not have any deliberate intention on the part of the assessee, nor could their conduct be regarded as contumacious or with a view to evade payment of tax. If at all, there is any breach it was technical or venial in nature. In the facts of this case, no case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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