TaxTMI 
TaxTMI 
2016 (6) TMI 1169
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....Shri V.N. Purohi t , FCA & Shri H.V. Bhardwaj , ACA For the Department : Shri R.P. Nag, JCIT, D.R. ORDER Per Shri P.M. Jagtap : - This appeal f i led by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-XXXVI, Kolkata dated 12.08.2013 for the assessment year 2009-10, whereby he confirmed the penalty of Rs. 1,00,000/- imposed by the Assessing Officer und....
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....ich was f i led on 05.01.2010 along with the return of income for the year under consideration. It was contended that the failure to furnish the Tax Audi t Report before the specified date of 30.09.2009, therefore, was for sufficient cause and a request was made to drop the penalty proceedings initiated under section 271B. This explanation of the assessee was not found acceptable by the Assessing ....
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...., did not find merit in the same and proceeded to confirm the penalty imposed by the Assessing Officer for the following reasons given in paragraph no. 4.1 of his impugned order:- "4.1. The appellant's submission and evidence available on record has been carefully considered. During the course of hearing, the A/R of the appellant was asked to produce all correspondence made by the appellant with ....
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.... before the authorities below as well as before us, its failure to obtain and furnish the tax audit report by the specified date of 30.09.2009 as per the requirement of sect ion 44AB was due to delay in completion of statutory audit by the auditors appointed by the Cooperative Department. Since the statutory auditor under the Cooperative Act was to be appointed by the Cooperative Department and su....