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TMI Blog2021 (5) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... roceed to dispose of the case by hearing the Ld. DR and examining the material available on record. 3. We find that the issues raised in all the four appeals are similar, based on same identical facts. With the consent of Ld. DR, we proceed to hear all the four appeals together and to pass a consolidated order for the sake of convenience. 4. First, we shall take up the appeal in ITA No.18/PUN/2018 for A.Y. 2000-01. ITA No.18/PUN/2018, (A.Y. 2000-01) 5. The only issue is to be decided is as to whether the CIT(A) justified in confirming penalty imposed u/s. 271B of the Act in the facts and circumstances of the case. 6. The brief facts of the case are that according to the AO, the assessee is a firm derives income from business, purchase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of R.R. Builders Vs. ACIT in ITA No. 1399/PN/2011 dated 28-02-2013. 8. Having aggrieved by the order of CIT(A), the assessee is now before us raising a solitary ground as mentioned above in Para 5. We treat the two written submissions as filed before the CIT(A) as effective arguments before us since no representation on behalf of the assessee before us. 9. The Ld. DR, Shri S.P. Walimbe submits that the assessee's turnover for the year under consideration is far above the prescribed limit for tax audit u/s. 44AB of the Act. The assessee filed its return of income and tax audit belatedly that after receipt of notice u/s. 148 of the Act. The assessee did not appear before the AO in spite of receipt of notices thrice and referred to Pag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assessee himself has shown turnover of Rs. 17,79,68,519 which requires tax audit as per the provisions of section 44AB of the Act for the year under consideration which is 2000-01 and the stipulated time for filing return of income along with tax audit report is 31-10-2001. Admittedly, the assessee did not file return of income as required u/s. 139(1) of the Act and also tax audit report as required u/s. 44AB of the Act on or before 31-10-2001. The assessee filed return of income along with tax audit report on 21-09-2005 that to in response to a notice u/s. 148 of the Act, so, therefore, it is clear, the assessee filed return of income along with tax audit report not on its own but in response to notice u/s. 148 of the Act which s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pliances u/s. 44AB of the Act in time due to his wife illness. The Ld. DR contended it is not a valid reason, if one Chartered Accountant is not available for the assessee to make statutory compliances the assessee should have taken steps to appoint new Tax Auditor atleast for next subsequent years as such the assessee failed to do the same. We find force in the submissions of Ld. DR that one Chartered Accountant fails to do compliances, the duty of the assessee to make compliances legal obligations by appointing new Tax Auditor but however the contention of the assessee has due to ill health of wife of Chartered Accountant could not file the tax audit report in time, in our opinion it is also no valid reason that non-filing of tax audit re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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