2021 (8) TMI 854

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....018 pertaining to Assessment Years 2012-13 to 2015-16 are not traceable. Therefore, re-constructed files have been placed on record before the Bench. Looking to the smallness of the issue, hearing of all appeals were taken up on the basis of re-constructed files. 3. All these appeals are having identical grounds of appeals. Therefore, all appeals were taken up together being disposed off by way of a consolidated order. Since the identical grounds raised in bunch of these appeals, we take up ITA No.5833/Del/2018 (Assessment Year 2011-12) as lead case. The Revenue has raised following ground of appeal:- 1. "Whether, on the facts and in the circumstances of the case, the Ld.CIT(A) has erred in deleting the penalty of Rs. 5,000/- im....

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....le. Therefore, the Assessing Officer imposed penalty of Rs. 5,000/- u/s 271F of the Act. 6. Aggrieved against this, the assessee preferred this appeal before Ld.CIT(A) who after considering the submissions, deleted the penalty. 7. Ld. Sr. DR supported the order of the Assessing Officer and submitted that the assessee failed to show any reasonable cause for not filing the Income Tax Return ("ITR") reasons as per section 139(1) of the Act. 8. On the contrary, Ld. Counsel for the assessee supported the order of Ld.CIT(A) and reiterated the submissions before Ld.CIT(A). 9. We have heard the rival contentions and perused the material available on record and gone through the orders of the authorities below. We find that Ld.CIT(A) has ....

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....pon in support of its grounds of appeal. Tax auditors in their report has also pointed out about the appellant company's conflict with its past directors. On the other hand, nothing has been brought on record to establish that appellant's explanation and evidences produced lack bonafide. 5.3. Keeping all the facts and circumstances of the case in view, it is seen that the appellant has been able to show that reasonable cause existed to justify its failure in filing Return of Income within prescribed time. I find that the cause shown to explain the delay is evidenced by sufficient material and as a whole shows existence of a state of circumstances which constitute 'reasonable cause' in this case. Accordingly, the ord....