2004 (6) TMI 233

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..... as the learned Departmental Representative. 3. The facts relating to the issue involved in this appeal and as have been revealed from the record, are that the assessee had furnished his return of income for the asst. yr. 1997-98 along with report of audit in Form No. 3CD on 29th Oct., 1997. The return so furnished was not accompanied by audit trading account, P L a/c and balance sheet. The AO .....

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..... O having not issued a notice under s. 139(9) of the Act, penalty in question could not be imposed. The audited trading account, balance sheet and P L a/c however were furnished during the course of assessment proceedings. 4.1 The AO rejected assessee's all the pleas and imposed penalty as per order dt. 22nd Sept., 2000, which is absolutely silent with regard to the prior approval of the authori .....

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..... er s. 139(1), there was no violation of s. 44AB of the Act. I am further inclined to agree with the submissions of the learned counsel for the assessee that failure to furnish the audited balance sheet, trading account and P L a/c would not render the report of audit as incomplete or illegal. Non-furnishing of such documents, in my opinion, could render the return of income as defective for which .....

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