IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 ITA.No. 290 of 2002() --------------------- AGAINST THE ORDER DATED / / IN COCH. IN ITA.401/COCH/1998 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT IN ITA.401/C/98: ----------------------------------------------------- MR.K.RAVINDRANATHAN NAIR, C/O. VIJAYALAKSHMI CASHEW CO., KOLLAM. BY ADV. SRI.P.BALACHANDRAN SMT.PREETHA S.NAIR RESPONDENTS: RESPONDENT IN ITA.401/C/98: ---------------------------------------- 1. THE DEPUTY COMMISSIONER OF INCOME TAX (ASSESSMENT), SPL. RANGE, TRIVANDRUM. 2. THE COMMISSIONER OF INCOME TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON, SC FOR IT THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... I.T. Appeal No.290 of 2002 .................................................................... Dated this the 25th day of March, 2008. JUDGMENT C.N.Ramachandran Nair, J. The appeal is filed against order of the Tribunal confirming penalty levied under Section 271B of the Income Tax Act 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. 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 atleast 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. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms