9911796707
TMI Blog1999 (11) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act"), has been preferred by the Commissioner of Income-tax, Allahabad, against an order dated November 5, 1998, passed in ITA No. 2343 (Alld.) of 1993 for the assessment year 1991-92. The following substantial questions of law are stated to arise out of the said order : "(i) Whether the Tribunal was justified in dismissing the Departmental appeal and holding that audit report was obtained befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied date in view of the fact that section 44AB of the Income-tax Act, 1961, says that audit report be 'obtained before' the specified date so that it may be filed along with the return of income by/on the specified date ?" We have heard Sri Prakash Krishna, learned counsel for the appellant. The relevant part of the Tribunal's order is as under : "2. In terms of section 44AB of the Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Both the parties were heard. There is no dispute about the fact that the audit report was obtained before the specified date. Most of the Benches of the Tribunal, including the Allahabad Benches, have been taking a view that in a case where the audit report has been obtained by an assessee before the specified date, the mere fact that it has been filed belatedly along with the belated return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncelling the penalty does not call for any interference." At the relevant time, the obligation created by section 44AB was merely to get the accounts audited before the specified date. There was no obligation to furnish that audit report before the Assessing Officer before the specified date. This obligation has been created by substituting the words "furnish by" for the words "obtain before" by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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