National Institute of Women Child & Rural Health Trust v. JCIT (2021) 208 DTR 433 / (2022) 215 TTJ 400/ 194 ITD 214 (Chennai)(Trib.)

S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Delay in filing return-Hospitalization of managing trustee-Reasonable cause-Assessing Officer is directed to delete the penalty. [S. 12AA, 139, 272(2)(e), 273B]

Held that the assessee neither intentionally filed the return belatedly nor derived any benefit by filing belated return.  There was no loss to revenue to the Government on account of non filing return within due dates as the assessee was having excess of expenditure over the income of the relevant year. Delay was due to hospitalization of the managing trustee. The Assessing Officer was directed to delete the penalty. (AY. 2007-08 to 2010-11)