2017 (4) TMI 172

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....3 for the subject assessment year but the audit report in form No. 3CA/3CB,3CD and 3CEB has not been submitted in electronic form as per Notification No. 34 dated 01.05.2013 issued by the CBDT and a show cause notice for levy of penalty u/s 271B of the Act was issued to the assessee. In response to the show-cause notice, the assessee has submitted that it has obtained the tax audit report on 04.09.2013 from its auditor M/s Sunil Porwal & Co. and the particulars about the tax audit report were also furnished in the Income Tax Return which was efiled on 18.09.2013. It was further submitted that due to some technical snag in the e-filing system of tax department, the audit report filed seems not been reflected in the system. However, the said ....

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.... ld. AR reiterated the submission made before the lower authorities and drawn our attention to the return of income e-filed on 18.09.2013 whereinparticulars relating to audit informationhas been disclosed which read as under:   Whether liable to maintain accounts as per section 44AA Y   Whether liable for audit u/s 44AB Y   If (b) is yes, whether the accounts have been audited by an accountant? If yes furnish the following information.   a. Date of furnishing of the audit report (DD/MM/YYYY) 2013-09-18 b. Name of the auditor signing the tax audit report Sunil Porwal c. Membership No. of the auditor 071805 d. Name of the auditor (Proprietorship/ firm) M/s Suni....

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....income has been filed based on the tax audit report and the tax audit report both electronically and hard copy has been duly submitted with the AO. 2.5 The ld. DR is heard who has relied on the order of the lower authorities. 2.6 We have heard the rival contentions and perused the material available on record. The return of income has been electronically filed by the assessee on 18.09.2013 wherein the particulars regarding the audit report have been duly disclosed by the assessee. In the said return it has been stated clearly that Mr. Sunil Porwal, the auditor of the company has signed the audit report on 04.09.2013 and the said audit report has been furnished on 18.09.2013. The said income tax return which has been filed electronical....