9911796707
TMI Blog2001 (8) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... were surveyed on November 24,1992. On November 27,1992, the assessee was given a notice under section 271B of the Income-tax Act, 1961. The assessee filed a reply on January 4, 1993. After recording the evidence, the assessing authority levied a penalty of Rs.99,568. The assessee filed an appeal. It was accepted by the Commissioner vide order dated October 26, 1993. Aggrieved by the order, the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant Commissioner of Income-tax, a copy of which has been produced as annexure P-1. It reads as under: "Question: Where is the audit report? Answer: The report is not lying with me. It is with Shri Jasbir Singh, chartered accountant. Question: Should we go to the office of Sh. Jasbir Singh, chartered accountant, and collect the report in your presence? Answer: I know that report is not yet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re us a copy of the affidavit of Mr. Rajinder Kumar Arora which appears to have been verified on January 4, 1993. It is taken on record as mark "A". Counsel submits on the basis of the affidavit that the managing partner of the assessee was not well and, thus, the audit report could not be obtained. We have examined this affidavit. In para. 4, it has been stated as under: "4. That at the time ..... X X X X Extracts X X X X X X X X Extracts X X X X
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