2011 (12) TMI 719

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..... st the order of Commissioner of Income-tax(A)-IV, Kochi dated 25-08-2009 confirming the penalty levied by the assessing officer u/s 271B of the Act for the assessment year 2004-05. 2. Shri K.I John, ld.representative for the assessee submitted that the assessing officer levied penalty u/s 271B of the Act. According to the ld.representative, the due date for filing of the audit report was 30-10- .....

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..... ore the due date provided under the Act. According to the ld.DR, the assessee could not get the audit report within the due date prescribed under the Act and it was also filed beyond the due date provided u/s 139(1) for filing return of income. Therefore, the assessing officer has rightly levied the penalty u/s 271B of the Act. 4. We have considered the rival submissions on either side and peru .....

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..... updating the entry in the computer could be jeopardized. Therefore, the assessee has to necessarily arrange for another data operator who has the knowledge of accounts and update the entries and get the same audited. In view of the foregoing, in our opinion, the delay of two months is beyond the control of the assessee. Therefore, the assessee was prevented by sufficient case. Since there was suf .....

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