2024 (11) TMI 1262

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....R M. BALAGANESH, A. M.: 1. The appeal in ITA No.1962 /Del/2024 for AY 2018-19, arises out of the order of the Ld. PCIT-1, Delhi [hereinafter referred to as 'ld. PCIT', in short] in Appeal No. ITBA/REV/F/REV5/2023- 24/1063273290(1) dated 23.03.2024 against the order of assessment passed u/s 143(3) r.w.s. 144B of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 19.04.2021 by ....

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....ore the Learned AO. We hold that the tax audit report is only meant for providing guidance to the Learned AO to understand the various compliances made by the assessee under various provisions of the Act. Since the Tax Audit Report was indeed made available before the Learned AO by the assessee before the completion of assessment proceedings, the larger purpose of provisions of Section 44 AB read ....

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....e High Court held that filing of Audit Report during the course of assessment proceedings shall serve the purpose for which the provisions were enacted and hence the condition prescribed in Section 80J of the Act that Audit Report shall be filed along with the return of income had to be construed as directory in nature. Drawing analogy from the said decision and applying to the facts of the instan....