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TMI Blog2014 (7) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... e issue cited above are stated in brief. The assessee company filed its return of income through E-filing process for the year under consideration on 28-09-2009. There is no dispute that the turnover of the assessee company has exceeded the thresh hold limit prescribed u/s 44AB of the Act and hence the assessee was required to get its account audited as per the provisions of sec. 44AB of the Act. In the return of income filed through E filing process, the assessee is required to answer following question:- Are you liable for audit under section 44AB " If Yes furnish following information:- a. Name of the auditor signing the tax audit. b. Membership No. c. Name of the auditor d. Permanent Account Number (PAN) of the proprietorship/ e. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. He submitted that he has conducted the Statutory audit of the assessee company under the Companies Act and has also given the tax audit report u/s 44AB of the Act. He submitted both the Statutory audit report and tax audit report was given on the very same date, viz., 01-09-2009. He further submitted that the assessee company has filed its return of income through "E filing" procedure. He submitted that, as per instructions given for E filing, the assessee company is not required to attach any document along with E return and hence the assessee was not in a position to furnish the tax audit report along with the return of income. He further submitted that the details that are given in the Tax audit report are required to be given in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ejected the said explanation on the reasoning that the assessee did not furnish the details of auditor in the E return. The assessee is a private limited company and hence its accounts are required to be audited under the Companies Act. We notice that the audit under the Companies Act was conducted by M/s M.B. Agarwal & Co., Chartered Accountants and the audit report has been furnished on 01-09-2009. From the paper book, we notice that the tax audit report under sec. 44AB of the Act has also been given by the above said auditor. The auditor who conducted the audit both under the Companies Act and under the Income tax Act has furnished an affidavit, wherein he has stated that he has signed the tax audit report in Form 3CA and Form 3CD u/s 44 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oticed that the assessee has filed the return of income under E filing procedure. "Part A-O1" of the return of income requires the assessees who are liable for audit under section 44AB of the Act to furnish certain information. The same is optional for the assessees who are not liable for audit under sec. 44AB of the Act. The information to be given in "Part A-O1" contains the details to be furnished in Form No.3CD. It is seen from the copy of e-return filed by the assessee that the assessee has duly furnished all the details under "Part A-O1" of the return of income, meaning thereby, there appears to be some truth in the submission of the assessee that it has obtained the tax audit report before the due date for filing return of income. Ou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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