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TMI Blog2005 (4) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the same was filed along with a return other than a return under section 139(1) and no notice had been issued to the assessee by the Assessing Officer under section 142(1)(i)?" - held that where the return of income has been filed under subsection (4) of section 139 of the Act and the same is duly accompanied by the audit report obtained by the assessee in accordance with the provisions of sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 44AB had been obtained on or before the specified date and the same was filed along with a return other than a return under section 139(1) and no notice had been issued to the assessee by the Assessing Officer under section 142(1)(i)?" Since the issue raised in the reference is purely legal and there is no controversy on the facts, it is unnecessary to state the facts in a greater detail. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, there was no default on the part of the assessee in furnishing the audit reports along with the returns of income filed under sub-section (4) of section 139 of the Act, the Assessing Officer levied the aforementioned penalties. Being aggrieved, the assessee, unsuccessfully preferred appeals to the Commissioner of Income-tax (Appeals). The matter was carried by the assessee in further a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue. No one appears for the assessee. We find that the issue raised in the reference is no more res integra in so far as this court is concerned. In ITO v. Kaysons India [2000] 246 ITR 489 (P H) and CIT v. Ashoka Dairy [2005] 279 ITR 32 (P H)(Income-tax Reference No. 61 of 1995), it has been held that where the return of income has been filed under subsection (4) of section 139 of the Act and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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