K P BHANUSHALI (PROPRIETOR) (512 Points)
25 May 2015Friends, return for the Asst Year 2012-13 was filed without AR.
Case was selected for scrutiny under CASS.
Assessee is Senior Citizen i.e. Age nearly 80 years. At that time he was really hospitalized and was in ICU.
Due to his health problem, we were unable to conduct audit as such. (Sales Turnover 93 Lacs).
Now ITO has issued notice to show cause as to why penalty u/s.271B should not be levied.
Is there any plea to avoid penalty?
T & R
KP
Z
( )
(2965 Points)
Replied 25 May 2015
Yes,You can try
As per S.273B. Notwithstanding anything contained in the provisions of clause (b) of sub-section (1) of section 271, section 271A, section 271AA section 271B................. no penalty shall be imposable on the person or the assessee, as the case may be, for any failure referred to in the said provisions if he proves that there was reasonable cause for the said failure.
In your case you do have a reasonable cause that asseessee was in ICU and you should be able to prove it with hospitals docs. Usually small penalties under such situation are foregone
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