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    <title>2005 (12) TMI 222 - ITAT DELHI-E</title>
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    <description>The Tribunal concluded that the penalty under section 271B of the IT Act for filing an unsigned tax audit report was not justified due to the unintentional oversight by the assessee. Emphasizing the procedural nature of the requirement for a signed report under section 44AB, the Tribunal interpreted the term &quot;shall&quot; as directory rather than mandatory. Citing case laws from various High Courts, the Tribunal highlighted the need for a reasonable cause for penalty imposition. Consequently, the Tribunal directed the Assessing Officer not to levy the penalty if the signed report was filed during assessment proceedings, considering it a technical non-compliance. The appeal was allowed for statistical purposes with specific instructions to the AO.</description>
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      <title>2005 (12) TMI 222 - ITAT DELHI-E</title>
      <link>https://www.taxtmi.com/caselaws?id=65259</link>
      <description>The Tribunal concluded that the penalty under section 271B of the IT Act for filing an unsigned tax audit report was not justified due to the unintentional oversight by the assessee. Emphasizing the procedural nature of the requirement for a signed report under section 44AB, the Tribunal interpreted the term &quot;shall&quot; as directory rather than mandatory. Citing case laws from various High Courts, the Tribunal highlighted the need for a reasonable cause for penalty imposition. Consequently, the Tribunal directed the Assessing Officer not to levy the penalty if the signed report was filed during assessment proceedings, considering it a technical non-compliance. The appeal was allowed for statistical purposes with specific instructions to the AO.</description>
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      <pubDate>Fri, 16 Dec 2005 00:00:00 +0530</pubDate>
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