Held that the assessee obtained the tax audit report within the prescribed time and filed the same before the authorities below and the auditor having confirmed the said fact by way of an affidavit, penalty under s. 271B is not leviable merely because the assessee wrongly stated “No” in the column regarding details of audit under S. 44AB at the time of filing his e-return. Penalty is deleted. (AY. 2011-12)
Paras Mal Sethia Through Lr Smt. Kamla Devi Sethia v. ITO (2024) 159 taxmann.com 1239 /228 TTJ 17(UO) (Jodhpur)(Trib)
S. 271B : Penalty-Failure to get accounts audited-Affidavit-Obtained tax audit report on 28th Sept., 2011-Inadvertently filled the column regarding details of audit under S. 44AB wrongly as No-Bonafide mistake-Penalty is deleted. [S.44AB]
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