2004 (7) TMI 61

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....admitted in terms of the following questions: "1. Whether, on the facts and circumstances of the case, the Tribunal had erred in cancelling the penalty imposed under section 271B? 2. Whether, on the facts and circumstances of the case, the Tribunal was right in law when it was proved that the assessee was provided photocopies of the documents by the Department which was sufficient for compli....

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....the report was beyond its control. The Assessing Officer did not accept this explanation. He found from the record that as requested by the assessee, the requisite copies of documents needed for completing the accounts and for closing the accounts were supplied to the assessee on June 28,1991 and they were available with him as the photocopies of those documents were supplied on June 28, 1991. The....

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....lling the penalty, the Tribunal has considered the fact at para. 12, which reads as under: "The facts of the assessee's case for the assessment years 1991-92 and 1992-93, however, are slightly different from the assessment years 1989-90 and 1990-91 inasmuch as the incomplete books of account of the assessee-firm for the assessment years 1989-90 and 1990-91 were impounded by the Assessing Office....

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....years 1991-92 and 1992-93, respectively. This being the factual position, we are of the view that the assessee could not get its accounts audited and obtain the report of such audit for the assessment years 1991-92 and 1992-93 before the specified date due to circumstances beyond its control and, therefore, there was a reasonable cause for the assessee's failure in complying with the requirements ....