Penalty u/s271B for Non Submission of Tax Audit report

This query is : Resolved 

03 January 2008 Dear Sir,
I will be very much obliged, if you advice me on following.

Query - An assessee has Turnover of Rs. 150 Lacs for the Financial Year ending31-3-2007. He gets his Tax Audit Report U/s44AB before 31-10-2007 but not submitting his I.T Return before 31-10-2007.As per section 139 rule 12, An assessee does not submit any attachment,Computation of Income, any Report etc. Now, My question is,
In above case if, my client file I Tax Return in January-2008(Turn over is Rs150Lacs) whether he is liable to pay penalty u/s 271B or not?
CA Divyang Parikh

03 January 2008 Please Reply

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