Section 271B penalty deleted – Tax audit report submitted before finalization of assessment

Sanjiv Dutta Vs ITO (ITAT Delhi) Assessee get his accounts audited & furnished report of such audit as required u/s 44AB before finalization of assessment order, as mandated u/s 271B of the Act so ITAT deleted Penalty. In the instant case, the Assessee filed its return of income on 30.09.2011 and the books of account of the Assessee have also been audited only on 30.09.2011, however it seems that somehow due to inadvertent or otherwise mistake in the name of Auditor, the Assessee failed to file correct audited books of account, alongwith original return of income, but it is a fact that aud...