2022 (9) TMI 582

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.... P. Sajit Kumar , JCIT ORDER PER V. DURGA RAO , JUDICIAL MEMBER : Both the appeals filed by the assessee are directed against different orders of the ld. Commissioner of Income Tax (Appeals), Chennai, both dated 29.06.2018 relevant to the assessment years 2013-14 and 2015-16 respectively challenging confirmation of penalty levied under section 271B of the Income Tax Act, 1961 ["Act" in sh....

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....Rs..1 crore. The assessee is, thus, covered by the provisions of section 44AB of the Act and required to file the return of income along with audit report of accounts in 3CB Form on or before the due date of filing of return under section 139(1) of the Act. Since the assessee has failed to comply with the provisions of section 44AB of the Act, the Assessing Officer levied penalty under section 271....

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....ure to comply with the provisions of section 44AB of the Act. In reply to the show-cause notice, it was the submissions of the assessee that his accounts were audited by the auditor within the prescribed time and copy was furnished before the Assessing Officer. He further states that the auditor informed him that he had been uploading the report in the income tax website every year and states that....

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....e case of the assessee that tax audit report under section 44AB of the Act was not filed before the due date of filing the same, but it was filed belatedly. Moreover, it is also not the case of the assessee that the accounts were not audited by the auditor within the prescribed time. The tax audit report was obtained well within the stipulated due date apart from mentioning of the same in the retu....