TMI Blog2016 (6) TMI 1169X X X X Extracts X X X X X X X X Extracts X X X X ..... dit report under section 44AB, was due to the reasons beyond the control of the assessee and the same constituted the sufficient cause for its failure to comply with the requirement of section 44AB. Moreover, the tax audit report obtaining belatedly was filed by the assessee along with its return of income for the year under consideration on 05.01.2010 and the same, therefore, was available to the Assessing Officer while making the assessment of the assessee for the year under consideration. The default on the part of the assessee in obtaining and furnishing the tax audit report by the specified date thus was technical or venial in nature. Having regard to all these facts and circumstances of the case, we are of the view that it is not a fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with the return of income for the year under consideration. It was contended that the failure to furnish the Tax Audi t Report before the specified date of 30.09.2009, therefore, was for sufficient cause and a request was made to drop the penalty proceedings initiated under section 271B. This explanation of the assessee was not found acceptable by the Assessing Officer. According to him, the assessee-Society could have appointed the Tax Auditor and could have got the tax audit done independently much before the specified date of 30.09.2009 and the delay in statutory audit under the Cooperative Act had no relevance with its failure to obtain and furnish the tax audit report by the specified date. He, therefore, rejected the explanation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. We have heard both the sides and also perused the relevant material available on record. As submitted on behalf of the assessee before the authorities below as well as before us, its failure to obtain and furnish the tax audit report by the specified date of 30.09.2009 as per the requirement of sect ion 44AB was due to delay in completion of statutory audit by the auditors appointed by the Cooperative Department. Since the statutory auditor under the Cooperative Act was to be appointed by the Cooperative Department and such appointment as well as conduct and completion of audit by the statutory auditor was beyond the control of the assessee, we find merit in the contention of the ld. counsel of the assessee that the delay in completion o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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