2007 (7) TMI 706

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d Parvesh Saini JUDGMENT M.M. Kumar, JJ. 1. The revenue has challenged order dated 28-3-1994, passed by the Income-tax Appellate Tribunal, Chandigarh Bench in ITA Nos. 809 and 810/Chandi/92, relating to the assessment year 1990-91. It has been claimed that the following substantive question of law would arise for determination of this Court:- "Whether, on the facts and in the cir....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....not file a copy of audit report with its return. The assessee also failed to persuade the Assessing Officer for rectification of the order and his application filed under section 154 of the Act was rejected on 12-8-1991. The assessee filed an appeal before the Commissioner of Income-tax (Appeals) but failed. The assessee was, however, able to persuade the Tribunal by showing that the firm had expl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... controversy stand settled by a Full Bench judgment of this Court in the case of CIT v. Punjab Financial Corpn. [2002] 254 ITR 61, wherein it has been held that the provisions of section 32AB(5) of the Act are not mandatory and the Assessing Officer has the discretion to entertain the audit report even though the same was not filed with the return by granting benefit of the deduction to the assess....