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2019 (6) TMI 1058

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..... ical problem due to which non integration of the departments portal with the Income Tax Departmental portal for PAN authentication was not achieved. This problem was solved at later stage and finally assessee filed Annual Information Report for financial year 2014-15 on 14.12.2017. Certainly there was a delay but there was reasonable cause for such delay. On examining the facts of the instant appeal in the light of the above decision we find that the issue is squarely covered by this decision and Ld. Departmental Representative failed to bring any contrary material. We therefore sustain the penalty of ₹ 9,700/- u/s 271FA of the Act and delete the remaining amount of penalty of Rs,3,41,800/- and partly allow the assessee s appeal - .....

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..... stated facts as culled out from the records are that the assessee is local authority under the State Government of Madhya Pradesh in the name of Joint Sub Registrar, Ratlam. As per the provisions of Section 285BA of the Act the assessee is required to submit a statement in Form 61B for every financial year by 31st May of following that year. In financial year 2014-15 the due date of filing of information in prescribed form No.61B was 31.5.2015. This date was extended by the Income Tax Department to 10.9.2015. The assessee failed to file the Annual Information Return (AIR) as required as per the provisions of Section 285BA. Show cause notice was issued by the Ld. Director of Income Tax (I CI) on 26.11.15 to .....

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..... t for non filing of Annual Information Return. We find that similar issue, same facts and figures came up before us in the case of Sub Registrar Jaora V/s Director Income Tax (I CI), Bhopal (supra) wherein after adjudicating the issue the penalty was sustained at ₹ 9,700/- after observing as follows:- 6. We have heard rival contentions and perused the records placed before us. The assessee is a local authority controlled by State Government of Madhya Pradesh and carries out the work of registration of the documents pertaining to transfer of immoveable properties. The assessee is covered under the list of persons provided u/s 285BA Sub Section (i) of the Act and is under obligation to furnish AIR for the financial tr .....

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..... tary, Govt. of Madhya Pradesh, Department of Commercial Taxes and Chief Commissioner of Income Tax as well as Secretary, Finance Department of Revenue which talks about the technical problem due to which non integration of the departments portal with the Income Tax Departmental portal for PAN authentication was not achieved. This problem was solved at later stage and finally assessee filed Annual Information Report for financial year 2014-15 on 14.12.2017. Certainly there was a delay but there was reasonable cause for such delay . 7. On examining the facts of the instant appeal in the light of the above decision we find that the issue is squarely covered by this decision and Ld. Departmental Representative failed to bring .....

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