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TMI Blog2018 (4) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... f the CIT(A). We direct the Assessing Officer to adjudicate the issue of addition in the hands of the assessee after allowing reasonable opportunity of hearing to the assessee. With these directions, the grounds of appeal of the assessee are allowed. Levy of penalty u/s 271B - assessee did not file tax audit report u/s.44AB of the Act for the impugned assessment year 2009-2010 before the due date of filing of return of income 139(1) - Held that:- The audit report was obtained within section 139(1) time limit is not in dispute. It is also not in dispute that the copy of audit report was furnished to the Assessing Officer as and when the Assessing Officer called for the same. The revenue has not brought no material on record to show that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e entire deposit should not be treated as undisclosed source of income, Therefore, the orders passed, in mechanical manner without considering the facts, are liable to be deleted. IV. For that, the id. AO found that payments were made in favour of the OCL through Demand Draft towards the purchase of Cement from said account No.464010100041849, thus entire transaction remaining to business. Hence such addition of ₹ 27,14,906/- in the hands of the appellant on protective basis amounts to double addition of income, thus liable to be deleted and quashed. V) For that the accounts have been audited U/S.44AB of the IT. Act and the alleged disputed amounts have already been included in the sale figures and the Assessing Officer ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rections. The CIT(A) writes in his order that how the Assessing Officer has given effect to the order dated 14.4.2015 of the CIT(A)-2, Bhubaneswar is not known. The assessee has not shed any light on this aspect in the course of appeal hearing. 4. In the above circumstances, the CIT(A) gave direction to the assessee s Assessing Officer that if while giving effect to the order of the CIT(A)-2, Bhubaneswar, the Assessing Officer has deleted the addition in the hands of Sri Ram Prakash Senapati, then the addition in the hands of the assessee would become substantive and confirmed accordingly and if the addition in the hands of Sri Ram Prakash Senapati is confirmed by the Assessing Officer then the addition in the hands of the assessee will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med is not correct. In our considered view, if the addition in the hands of Ram Prakash Senapati comes to be deleted, then it has to be examined as to whether the addition can be made in the hands of the assessee or not. Hence, we modify the order of the CIT(A). We direct the Assessing Officer to adjudicate the issue of addition in the hands of the assessee after allowing reasonable opportunity of hearing to the assessee. With these directions, the grounds of appeal of the assessee are allowed. 10. In the result, appeal of the assessee is allowed for statistical purposes. 11. In ITA No.185/CTK/2017, the sole issue involved is that the CIT (A) erred in confirming levy of penalty under section 271B of the Act of ₹ 63,215/-. 12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elopment Union Ltd, 23 DTR 60 (Utt) V) Rupali Dying and Printing Works, 86 Taxman 124 vi) Kartika Enterprises, 114 Taxman 46. 14. Before us, ld A.R. reiterated the submissions made before the lower authorities. 15. On the other hand, ld D.R. supported the orders of lower authorities. 16. We have heard the rival submissions, perused the orders of lower authorities and materials available on record. The undisputed facts in the present case are that the Assessing Officer observed that the assessee has not filed the return of income for the impugned assessment year and, therefore, issued notice u/s.148 of the Act to the assessee on 8.8.2012, in response to which, the assessee filed return of income showing total income at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder section 44AB of the Act on or before the due date of the furnishing of the return and should fill out the relevant columns of the returns forms on the basis of such report. However, the report of audit should not be attached with the return or furnished separately any time before or after the due date. The assessee should retain the report with himself. If called for any income tax authority during any proceeding under the Act, it shall be incumbent upon the assessee to furnish/produce the same in original. No penalty under section 271B shall be initiated or levied for not furnishing the tax audit report on or before the due date. However, if the audit report has not been obtained before the due date, provisions of section 271B shall c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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