2012 (9) TMI 1049

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....w and on facts in directing the Assessing Officer to accept the audit report from the assessee which was not filed during the course of assessment proceeding and to grant exemption u/s. 11 of the Act?" 2. We heard learned advocate Ms. Paurami Sheth for the appellant. 3. The issue in narrow compass and is about the Commissioner of Income-tax (Appeals) directing acceptance of audit report from....

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....issioner of Income-tax (Appeals) permitted the assessee to file the audit report and directed to accept the same by his order dated 16.04.2009 and the exemption under section 11 of the Act allowed. The Department filed appeal which came to be dismissed by the impugned order bringing the Department before this Court by way of present appeal. 4. The question whether it is permissible to the asses....

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.... to produce the audit report at a later stage either before the Income Tax Officer or before the appellate authority by showing a sufficient cause. This decision of Punjab & Haryana High Court has been relied on by the Tribunal. 5. In the above view, the Tribunal is eminently justified both in law and on facts in observing and holding as under:- "In this case, it is not in dispute that....