FORM 3CB 3CD DURING 271B PROCEEDINGS

E Proceeding opened for A y.2018-19. actually assessee was liable to audit but it was filed as normal case . The return was uploaded and scrutiny proceedings completed with nil demand. Currently u/s 271b notice is issued to assessee. Can I file F3cb 3cd now to avoid penalty.
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Quick Summary
This discussion addresses whether filing Form 3CB 3CD is possible after scrutiny proceedings have concluded for the 2018-19 assessment year. The user is seeking to avoid a penalty under Section 271B after a notice was issued. While filing the audit report at this stage may not alter penalty proceedings, the key is to establish a bonafide reason for believing the audit was not applicable.

As scrutiny proceedings are completed, penalty needs to be paid and notice of demand will have been issued. Kindly read the assessment order and ascertain further course of action if mentioned in the assessment order.

filing of the audit report at this stage would not change anything in relation to the penalty proceedings. What you need to establish is that the assessee had a bonafide reason to believe that the audit was not applicable in his/her case. 

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