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2001 (7) TMI 287

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....ng disposed of by a common order for the sake of convenience. 2. In these cases the assessee failed to furnish the audit report by the specified time as per the requirement of the provisions of s. 44AB and consequently penalty under s. 271B was levied by the AO. The matter was carried before the learned CIT(A) who confirmed the said penalty by two separate orders passed on 18th Dec, 2000. Aggriev....

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....ng distinguishable on facts, cannot be applied in the present case and a very general reason advanced by the assessee while explaining the delay in complying with the statutory requirement, cannot be considered as a reasonable cause. 5. We have considered the rival submissions and also perused the relevant material on record. As far as ITA No. 193/Ju/2001 involving asst. yr. 1996-97 is concerned ....

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....., 1996, when the return of income for asst. yr. 1995-96 was filed by the assessee. In this regard the learned counsel for the assessee has submitted that there was an inadvertant mistake on the part of assessee's learned authorised representative to file the TAR along with the return of income for asst. yr. 1995-96 filed on 30th Aug., 1996. He also contended that the same constitutes a reasonable....

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....t the learned authorised representative of the assessee, Shri Mukul Gupta vide his letter dt. 24th April, 1997, has admitted the mistake of his office in filing the audit report along with return of income filed on 30th Aug., 1996 and in our opinion the default on the part of the assessee can only be attributed to the learned authorised representative's mistake to this limited extent. It is pertin....