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TMI Blog2020 (4) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... cided in favour of assessee. - I.T.A. Nos.2215 & 2216/CHNY/2019. - - - Dated:- 13-2-2020 - Shri Inturi Rama Rao, Accountant Member And Shri Duvvuru RL Reddy, Judicial Member For the Appellant : Shri. I. Dinesh, Advocate For the Respondent : Smt. R. Anitha, IRS, JCIT. ORDER PER INTURI RAMA RAO, ACCOUNTANT MEMBER These are appeals filed by the assessee directed against the common order of the learned Commissioner of Income Tax (Appeals)- 19, Chennai (hereinafter called as CIT(A) ) dated 27.06.2019 for the assessment years 2014-15 and 2015-2016. 2. Since, the identical facts and issues are involved in these appeals, we proceed to dispose of the same vide this common order. 3. For the sake of convenience and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued notice u/s.148 of the Income Tax Act, 1961 (in short the Act ) on 30.03.2017. In response to the said notice, assessee filed return of income on 29.06.2017 admitting income of ₹ 3,18,570/-. Against the said return of income, the assessment came to be completed at total income of ₹ 14,37,030/- after making addition on account of unaccounted cash deposit of ₹ 90,440/- and disallowance of expenses of ₹ 3,22,651/-. Additions made are not subject matter of present appeal. Subsequently, the Assessing Officer on noticing that assessee had disclosed turnover of ₹ 9,97,79,324/- and tax audit report as prescribed u/s.44AB of the Act was not filed within the due date issued show cause notice dated 29.12.2017. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act which means that the Assessing Officer had the benefit of tax audit report and no prejudice can said to have been caused for the Department on account of belated submission of tax audit report. The ratio decision of the Hon ble Jurisdictional High Court in the case of P. Senthil Kumar (supra) is squarely applicable to the facts of the present case, wherein it was held at paras 10 to 12 as follows. 10. Admittedly, the reasons assigned by the assessee have not been found to be false nor with any mala fide intention, the reasons were assigned. Therefore, this Court is of the view that the explanation offered by the assessee can be taken as a reasonable cause for his failure to file the audit report within time. We are also aware t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom a bona fide belief that the offender is not liable to act in the manner prescribed by the statute. 12. Though the above decision arises under the Orissa Sales Tax Act, 1947, the ratio decidendi of the said decision could very well be applied to the assessee s case. We find that the non filing of the tax audit report before 30.9.2012 is a technical breach and admittedly, the assessee filed the audit report along with the return of income on 31.3.2013 and that the assessment was framed by the Assessing Officer only on 29.3.2015, on which date, the audit report was very much on the file of the Assessing Officer. Thus, we are of the view that the explanation offered by the assessee can be accepted as a reasonable cause for his failure ..... X X X X Extracts X X X X X X X X Extracts X X X X
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