2023 (8) TMI 1271

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.... the order of the NFAC, u/s 271 B of the Act. 2. Brief fact of the case is that the assessee was liable to tax audit u/s 44AB of the Act in the impugned assessment year. The assessee claimed that the audit report was drawn on dated 03.09.2017. But the report was furnished before revenue on dated 24.01.2018. The due date for filing the tax audit report before department was dated 07.11.2017. Due to delay in filing report the ld. AO levied penalty u/s 274 r.w.s. 271B amount to Rs. 86140/-. Aggrieved assessee filed an appeal before the ld. CIT(A) and submitted the detailsreasons. But the assessee was unsuccessful before the ld. CIT(A). Being aggrieved, the assessee filed an appeal before us. 3. The ld. AR filed a written submission which is ....

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....the delay in filing the said report only for this impugned assessment year not in another assessment year. The ld. AR submitted a chart which is reproduced as below: - Sr. No. A.Y. Due Date of filing of Tax audit report Date of filing of Tax audit report 1. 2016-17 17-10-2016 06-10-2016 2. 2017-18 31-10-2017 24-01-2018 3. 2018-19 31-10-2018 29-10-2018 4. 2019-20 31-10-2019 31-10-2019 4.1 The ld. AR further argued and relied on the order of the ITAT Guwahati Bench in the case of North Eastern Constructions vs. ITO [2020] 117 taxmann.com 321 (Guwahati Trib.)/ 183 ITD 348 (Guwahati Trib). The relevant paragraph 12 is reproduced as below: "12. Moreover, we note that the assessee had furnished the TAR belate....