2021 (5) TMI 73

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....ALE, JUDICIAL MEMBER The assessee firm has filed the appeal against the order of ld. Commissioner of Income-tax Appeals (the ld. CIT(A)-7), Mumbai passed under section 271B and 250 of the Income Tax ACT (hereinafter referred as 'the Act'). The assessee has raised the sole ground of appeal: On the facts and circumstances of the case, the Learned CIT(A) has erred in confirming th....

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....income within the time limit provided under section 139(1) of the Act. Further the assessee firm has to file the Tax Audit Report U/sec. 44AB of the Act on or before the due date under section 139(1) of the Act. But the assessee has filed the audited accounts, Audit Report and Return of income on 29.11.2013 were as specified due date was extended by CBDT notification up to 31st October 2013. There....

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....d passed the order under section 271B of the Act dated 29.03.2016. 3. Aggrieved by the order, the assessee has filed appeal with the ld. CIT(A), whereas the ld. CIT(A) has confirmed the action of the AO in levying the penalty and dismissed the assessee's appeal. Aggrieved by the order of ld. CIT(A), the assessee has filed the appeal before the Hon'ble Tribunal. 4. At the time of hear....

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....r under section 119 of the Act from 30.09.2013 to 31.10.2013. The assessee firm has made submissions before the ld. CIT(A) that there is a marginal delay of 29 days in submitting the Tax Audit Report and filing the income tax return and there is no Wanton Act for the delay. We find the explanations that the assessee is a Chartered Accountants firm and dealing in auditing of books of Accounts of th....