K. Ravindranathan Nair v. Deputy Commissioner Of Income-Tax And Another

C.N Ramachandran Nair, J.:— The appeal is filed against the order of the Tribunal confirming penalty levied under section 271B of the Income-tax Act, 1961, for belated filing of audit report as required under section 44AB of the Income-tax Act. We have heard senior counsel Sri P. Balachandran, appearing for the appellant and senior counsel Sri P.K.R Menon, appearing for the Income-tax Department.

2. On going through the Tribunal's order we find that the appellant did not adduce any evidence to justify the delay in filing the audit report as required under section 44AB of the Act and if any acceptable explanation was filed, the appellant could have avoided penalty. In the absence of any evidence adduced by the appellant at least before the Tribunal, we do not find any ground to interfere with the minimum penalty imposed under section 271B for admitted delay of filing audit report. We, therefore, dismiss the appeal.