2007 (7) TMI 283

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....vered by M. M. Kumar J.- At the instance of the Revenue the order dated March 31, 1993, passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, in I. T. A. No. 1281/ASR/1992 in respect of the assessment year 1991-92 has been challenged. On the claim made by the Revenue on the application filed under section 256(1) of the Income-tax Act, 1961 (for brevity "the Act"). The following....

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....llowing view : "The Assessing Officer issued intimation under section 143(1)(a) on December 31, 1991. The assessee filed 80HHC tax audit report with the Assessing Officer on January 2, 1992. As stated in para. 6 of the Tribunal's order intimation dated December 31, 1991, was served on the assessee on January 7, 1992." 3. The Assessing Officer issued an intimation dated December 31, 1991, whi....

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.... that the assessee was not a company nor a co-operative society whose accounts were separately required to be audited under the Act. This is a case of an individual and tax audit is required under clause (BB) of the Explanation to section 44AB of the Act which was eventually filed and furnished. According to clause (E), if the accounts were audited then the return was required to be accompanied by....

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....mandatory and the Assessing Officer has the discretion to entertain the audit report even later. The view taken by the Full Bench in Punjab Financial Corporation's case [2002] 254 ITR 6 (P&H) has been followed and applied by a Division Bench of the Madras High Court in the case of CIT v. Print Systems and Products [2006] 285 ITR 260. 5. Mr. Sanjay Bansal learned counsel for the Revenue could no....