2026 (7) TMI 1411

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....: Shri Balkrishan Gopal, Sr. DR ORDER PER SANJAY AWASTHI, ACCOUNTANT MEMBER: 1. The ITAT Registry has reported that the present appeal is time barred by 173 days. The assessee has filed an affidavit seeking condonation of delay as under: - "I, Partyaksh Sharma("the appellant"), S/o Sh. Teeka Ram Sharma, aged about 34 years, presently residing at VPO Khambi, Shraiya Mohalla, Tehsi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(appx.). 3. That the delay in filing the present appeal before the Hon'ble ITAT, Delhi has occurred solely on account of change in tax consultant and the time taken in reviewing and compiling the complete records and facts of the case. That the delay is bona-fide, unintentional, and due to reasonable cause. 4. That the appellant had no intention whatsoever to delay the filing....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lled column 40 in Form 3CD. Thus, it was inferred that critical information pertaining to gross turnover, net profit, stock-in-trade, etc. was not filed by the assessee. On this basis, it was held that the statutory requirement u/s 44AB of the Act was not fulfilled. Thereafter, the impugned penalty was levied. 2.1 The aggrieved assessee has filed the present appeal with as many as seven grounds....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....envisaged u/s 273B of the Act. 3.1 The Ld. DR relied on the orders of the authorities below and stated that an incomplete audit report deserved to be equated with a violation of Section 44AB of the Act. The Ld. DR supported the penalty levied and confirmed in the impugned order. 4. We have carefully considered the rival submissions and have gone through the records before us. The dictionary ....