1998 (10) TMI 543

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..... t year 1990-91 - Assessee s counsel to whom audit report under section 44AB was handed over in time, omitted to file same by specified date - Whether assessee was prevented by reasonable cause in filing report in time and could not, therefore, be penalised for default on part of his counsel - held, yes FACTS The assessee, an individual, did not file the audit report under section 44AB along .....

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..... ing the accounts audited. But his advocate to whom the report was handed over, omitted to file the report with the Assessing Officer as admitted by him. This categorical admission on the part of the assessee s counsel remained uncontroverted. It is a settled legal position that for default on the part of the counsel, the assessee cannot be penalised. The assessee was, thus, prevented by reasonable .....

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