M/s. Shark Dyeing Mills Vs. The Income Tax Officer, Ward 1(2), Tiruppur
Parties Involved
Facts Summary
The assessee, M/s. Shark Dyeing Mills, is a firm engaged in the business of textile dyeing and processing. For the assessment year 2018-19, the assessee’s turnover exceeded the prescribed limit, necessitating the filing of an audit report under section 44AD of the Income Tax Act, 1961. However, the assessee failed to file the audit report within the prescribed time. Consequently, the Assessing Officer (AO) imposed a penalty of Rs. 1,50,000/- under section 271B of the Act. Aggrieved by this order, the assessee filed an appeal before the First Appellate Authority (FAA), which confirmed the penalty. The assessee then filed the present appeal before the Tribunal, providing documents such as NCLT proceedings, a death certificate of a partner, and GST returns to show the slowdown in business, arguing that there was a 'reasonable cause' for the late filing of the audit report.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether there was a reasonable cause for the late filing of the audit report under section 273B of the Income Tax Act, 1961.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
2 precedents cited in this judgement.
Similar Judgements
Savitha Gas Agency vs. The Income Tax Officer, Non-Corp Ward-8(2), Chennai
M/s Nirvana Nest Buildcon Pvt. Ltd. Vs The Deputy Commissioner of Income Tax, Central Circle-14
Delhi Bench benchAY 2018-19AllowedLate Nammalvar, Rep. by Smt. Padma Nammallvar Vs. The Income Tax Officer, Ward 1, Tiruvarur
Sunny Walia Vs. ITO
Delhi Bench benchAY 2015-16AllowedTBO Tek Ltd. Vs Addl./Joint/Deputy/ACIT
Delhi Bench ‘F’, New Delhi benchAY 2020-21AllowedJuginder Singh Wadhwa Vs. Assistant Commissioner of Income Tax, Circle 67(1), New Delhi