Case Law Details
Suryavathi Gandiboina Vs ACIT (ITAT Hyderabad)
A perusal of the various details filed by the assessee shows that the assessee was not keeping good health for which she was not in a position to obtain the Audit Report in time, and, therefore, could not file the same before the statutory due date. As per the provisions of section 273B of the I.T. Act, 1961, no penalty shall be imposable u/s. 271B on the person or the assessee as the case may be for any failure referred to in the said provision, if the assessee proves that there was a reasonable cause for the said failure. In the instant case, the submission of the assessee during the course of penalty proceedings that she was not keeping good health for which documentary evidences were filed are not disputed. Under these circumstances, we are of the considered opinion that there was a reasonable cause on the part of the assessee for not getting the accounts audited timely and file the same on or before the due date. We, therefore, set aside the order of the CIT (A), NFAC and direct the Assessing Officer to cancel the penalty.
FULL TEXT OF THE ORDER OF ITAT HYDERABAD
This appeal filed by the assessee is directed against the order dated 22.11.2022 of the learned CIT (A)-NFAC Delhi, relating to A.Y.2017-18.
2. Although a number of grounds have been raised by the assessee, however, these all relate to the order of the CIT (A) NFAC in confirming the levy of penalty of Rs.1,50,000/- by the Assessing Officer u/s 271B of the I.T. Act.
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