1992 (8) TMI 137

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....here was no conscious default committed by the assessee. Revenue is aggrieved. Departmental Representative Shri S.K. Kundra contended that assessee having committed a default in not obtaining the audit report in accordance with the provisions of s. 44AB and not having filed the copy of the audited accounts along with the return, penalty under s. 271B was warranted. According to the learned Departmental Representative, CIT(A) was not justified in taking into account the delay in appointing the statutory auditors by the Registrar of Co-operative Department for deleting the penalty. 3. We have received written submissions on behalf of the assessee. On consideration of the rival contentions we are satisfied that the decision of the CIT(A) is....

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....rson authorised by him by general or special order in writing in this behalf, the accounts of every co-operative society at least once in each year." It is evident from the aforesaid provision that the Registrar is under the obligation to audit or to cause the audit done. It is not disputed that there was a delay by the Registrar of Societies in appointing the statutory auditors in the case of the assessee. The auditors had been appointed as late as on 27th June, 1988 vide order No. F. 15. The audit reports in respect of asst. yrs. 1985-86 and 1986-87 have been obtained on 7th Nov., 1988 and copies furnished before the first appellate authority as well as before us. It is in the light of these circumstances that the CIT has come to the c....