TMI Blog2012 (9) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... , but produced before completion of the assessment. Benefit of exemption should not be denied merely on account of delay in furnishing the same, and it is permissible for the assessee to produce the audit report at a later stage either before the Income Tax Officer or before the appellate authority by showing a sufficient cause - decided in favour of assessee - TAX APPEAL NO. 1362 OF 2011 - - - Dated:- 5-9-2012 - <!--[if gte mso 9]> <![endif]--> <!--[if gte mso 9]> Normal 0 false false false EN-IN X-NONE <![endif]--><!--[i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is directed against the order dated 17.06.2011 of the Income Tax Appellate Tribunal, Ahmedabad Bench 'C' in ITA No. 2050/Ahd/2009 for the assessment year 2006-07. 1.1 The following question is proposed by the appellant as a substantial question of law. Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to accept the audit report from the assessee which was not filed during the course of assessment proceeding and to grant exemption u/s.11 of the Act? 2. We heard learned advocate Ms. Paurami Sheth for the appellant. 3. The issue in narrow compass and is about the Commissioner of Income-tax (Appeals) directing acceptance of audit report from the assessee and granting exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income, but produced before completion of the assessment. The Punjab and Haryana High Court in CIT v. Shahzadanand Charity Trust [1997] 228 ITR 292 has reiterated the same principle holding that the benefit of exemption should not be denied merely on account of delay in furnishing the same, and it is permissible for the assessee to produce the audit report at a later stage either before the Income Tax Officer or before the appellate authority by showing a sufficient cause. This decision of Punjab Haryana High Court has been relied on by the Tribunal. 5. In the above view, the Tribunal is eminently justifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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