2017 (6) TMI 386

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.... of the case, for want of jurisdiction and various other reasons and hence, the same kindly be quashed. 2. Rs. 1,50,000/-: The Id. CIT(A) erred in law as well as on the facts of the case in confirming the impugned penalty u/s 271B r/w Sec.274 of the Act of Rs. 1,50,000/-. The penalty so imposed & confirmed being totally contrary to the provisions of law and facts kindly be deleted in full. 3. The Id. CIT(A) erred in law as well as on the facts of the case in confirming the impugned penalty imposed u/s 271B r/w Sec.274 of the Act, completely ignoring there did exist a reasonable cause u/s 271B of the Act. The penalty so imposed & confirmed being totally contrary to the provisions of law and facts kindly be deleted in full."....

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....resulted into delay of uploading the requisite audit report. He submitted. Ld. Counsel submitted that technical snag as occurred in uploading of audit report on web was beyond the control of the assessee. He submitted that under the identical facts, the penalty was deleted by the Tribunal. He placed reliance on the decision of the Hon'ble Jaipur ITAT rendered in the case of Raj Kumari Bafna Vs. ITO in ITA No. 837/JP/2016 order dated 14/12/2016, Rajendra Kumar Shah Vs ITO in ITA No. 944/JP/2016 order dated 27/12/2016 and Shri Govind Garg Vs ITO in ITA No. 781/JP/2016 order dated 31/01/2017. 5. On the contrary, the ld DR has vehemently supported the order of the Assessing Officer. 6. We have heard the rival contentions of both the parti....

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....lectronically on 18.09.2013. It is also a fact that the audit report has subsequently been uploaded afresh after the assessee become aware of the technical snag and also a hard copy has been furnished before the AO which is again not disputed by the Revenue. The intention behind carrying out the audit u/s 44AB and furnishing a copy of the audit report to the AO is to aid and assist the latter in completing the assessment proceedings. It is not the case of the Revenue that any prejudice or hindrance is caused to the Revenue or the audit report has been filed after the close of the assessment proceedings. Taking into consideration the intention of the legislature, and the fact that the audit report has subsequently been uploaded electronicall....