Arun Khodpia ORDER
V. Durga Rao, Member (J)
1. These four appeals filed by the assessee are directed against separate but identical orders of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 23.11.2022 relevant to the assessment years 2013-14, 2014-15, 2015- 16 and 2016-17 passed under section 271B of the Income Tax Act, 1961 ["Act" in short].
2. Brief facts of the case are that as per the information available, the assessee had made cash deposits into its bank account during the assessment year 2013-14 and the assessee has not filed the return of income. The case was reopened and notice under section 148 of the Act was issued and served on 27.03.2021 for AY 2013-14, 2014-15, 2015-16 and 2016-17. In compliance to the notice under section 148 of the Act, the assessee was required to file his ITR within 30 days from receipt of the said notice. However, the assessee filed its returns of income on 23.09.2021, 17.08.2021 and 22.09.2021 for AY 2013-14, 2014-15 & 2015-16 and 2016-17 respectively which are beyond 30 days from receipt of the said notice. After following due procedures, the assessment was completed under section 143(3) r.w.s. 147 r.w.s. 144B of the Act dated 24.03.2022 for AY 2013-14, 2014-15 & 2015-16 and dated 28.03.2022 for AY 2016-17 respectively by assessing the income of the assessee at ` .NIL.
3. Subsequently, penalty proceedings have been initiated under section 271B of the Act for delayed filing of audit report under section 44AB of the Act. Since the turnover of the assessee for the assessment years 2013-14, 2014-15, 2015-16 & 2016-17 were ` .2,79,71,854/-, ` .3,06,02,197/-, ` .2,79,08,712/- and ` .2,74,40,477/- respectively, the assessee was required to get their accounts audited and liable to file the tax audit report as required under section 44AB of the Act before the due date prescribed under section 139(1) of the Act. As the assessee has not filed the tax audit report within due date, the Assessing Officer initiated penalty proceedings under section 271B of the Act levied penalty of ` .1,39,859/-, ` .1,50,000/-, ` .1,39,543/- and ` .1,37,202/- for the assessment years 2013-14, 2014-15, 2015-16 & 2016-17 respectively under section 271B of the Act. On appeal, the ld. CIT(A) confirmed the penalty levied under section 271B of the Act.
4. On being aggrieved, the assessee is in appeal before the Tribunal for all assessment year under consideration. The ld. Counsel for the assessee has submitted that the case of the assessee was reopened and notice under section 148 of the Act was issued on 27.03.2021 for AY 2013-14, 2014-15, 2015-16 a........