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TMI Blog2022 (6) TMI 1365X X X X Extracts X X X X X X X X Extracts X X X X ..... barred by limitation for which necessary petition for condonation of delay explaining the reasons for the delay has been filed. The learned counsel submitted that assessee could not file appeal within the time allowed under the Act, therefore, delay may be condoned. Having heard both sides and considered the petition filed by the assessee for condonation of delay, we are of the considered view that reasons given by assessee for not filing the appeal within the time allowed under the Act, comes under reasonable cause as provided under the Act for condonation of delay and hence, delay in filing of above appeal is condoned and appeal filed by the assessee is admitted for adjudication. 3. The assessee has raised the following grounds of appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the first appellate authority, but could not succeed. The ld.CIT(A) for the reasons stated in his appellate order dated 31.03.2021 sustained penalty levied by the AO on the ground that the reasons sought to be given for default was not backed by any evidence and thus, no reasonable cause within the meaning of Sec.273B of the Act, could be established. 5. The ld.AR for the assessee submitted that the Commissioner of Income Tax(A), NFAC, is erred in sustained penalty levied u/s.271B of the Act, without appreciating the fact that the assessee could not file tax audit report as required u/s.44AB of the Act, within due date for the reasons beyond its control, because, the audit of accounts of the society was carried out by the Department of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of accounts of society done by the Dept. of Cooperative Audit, could not be completed on or before 31.10.2015 and said delay was not in the hands of the assessee. Therefore, there is a reasonable cause for not filing the tax audit report within prescribed time limit ad thus, penalty cannot be levied. We find merits in the submission of the assessee for the simple reason that non-filing of audit report within the due date is a venial technical breach without any mala fide intention on the part of the assessee. Because, completion of audit of books of accounts of the society is under the control of Dept. of Cooperative Audit and thus, unless the Dept. of Cooperative Audit completes audit, the assessee cannot file return of income along with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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