Case Law Details
Swaminath N. Patil Vs Ward 2(5) Solapur (ITAT Pune)
ITAT find that the assessee has reasonably well explained before the ld. CIT(A) the reasons why there was delay in filing the tax audit report and non-compliance as per the provisions of sec. 44AB of the Act. The reasons are definitely such that they were beyond the control of the assessee and since the Income-tax Act is a welfare legislation the practical difficulties of the tax payers assessee and the bonafide nature has to be considered. In this case, the assessee had even submitted the Doctor’s Certificate under whose treatment the accountant was admitted in the hospital. The ld. CIT(A) should have considered all these facts in its proper perspective. Section 273B of the Act provides that the penalty u/s 271B need not be imposed if there is a reasonable cause for the said failure. In our considered view, the assessee in this case through documentary evidence has explained the reasonable cause and accordingly we set aside the order of the CIT(A) and direct the A.O to delete the penalty from the hands of the assessee.
FULL TEXT OF THE ORDER OF ITAT PUNE
This appeal preferred by the assessee emanates from order of the ld. Commissioner of Income Tax (Appeals)- 7, Pune, dated 08-01-2019 for A.Y. 2014-15 as per the grounds of appeal on record.
2. None appeared on behalf of the assessee. The submissions of the ld. D.R are recorded and the case is heard on merits as per the relevant materials and records.
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