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2002 (7) TMI 45 - HC - Income TaxPenalty imposed under section 271B - Compulsory Audit Of Accounts - Tribunal, Jaipur, was of the view that since the auditor had not been appointed before the specified dates, as such, the accounts could not be got audited before the specified dates, even then the penalty levied by the Assessing Officer is justified. - The assessee was under the obligation to get its accounts audited by the auditor appointed by the Registrar, Co-operative Societies, Jaipur. When the auditor had not been appointed by the Registrar, Co-operative Societies, the assessee can only make request to the Registrar to appoint the auditor and repeated requests were made by the assessee. In spite of repeated requests made by the assessee to the Registrar, the auditor had not been appointed and the delay in auditing the accounts took place because the appointment of the auditor was not made by the Registrar and for that the assessee should not be punished. We are of the view that the Tribunal had committed an error in setting aside the order passed by the Commissioner of Income-tax (Appeals) by restoring the order passed by the Assessing Officer by which penalty was imposed under section 271B
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