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    <title>2024 (11) TMI 1272 - KERALA HIGH COURT</title>
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    <description>Penalty under Section 271B for delayed furnishing of the Section 44AB audit report was held unsustainable where the audit reports were filed before assessment completion and were used in finalising the assessments. The co-operative society assessees had no effective control over the statutory auditors&#039; timing, and no material showed any fault on their part. As the delay caused no prejudice to the Revenue, Section 273B applied because reasonable cause was established. The penalty provision was therefore not to be applied mechanically for mere delay, and the Board&#039;s circular also supported non-imposition of penalty in such circumstances.</description>
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      <title>2024 (11) TMI 1272 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=762286</link>
      <description>Penalty under Section 271B for delayed furnishing of the Section 44AB audit report was held unsustainable where the audit reports were filed before assessment completion and were used in finalising the assessments. The co-operative society assessees had no effective control over the statutory auditors&#039; timing, and no material showed any fault on their part. As the delay caused no prejudice to the Revenue, Section 273B applied because reasonable cause was established. The penalty provision was therefore not to be applied mechanically for mere delay, and the Board&#039;s circular also supported non-imposition of penalty in such circumstances.</description>
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