TMI Blog2017 (4) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... n not disputed by the Revenue. The intention behind carrying out the audit u/s 44AB and furnishing a copy of the audit report to the AO is to aid and assist the latter in completing the assessment proceedings. It is not the case of the Revenue that any prejudice or hindrance is caused to the Revenue or the audit report has been filed after the close of the assessment proceedings. Taking into the fact that the audit report has subsequently been uploaded electronically and also hard copy has been furnished before the AO before the completion of the assessment proceedings, non furnishing of the return electronically on 18.09.2013 is merely a technical breach of the provisions of the Act and respectfully following the decision of the Hon’bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... flected in the system. However, the said submission of the assessee did not find favour with the AO and he held that the assessee has failed to furnish report of auditor before due date as prescribed u/s 139 and imposed a penalty of ₹ 77,170/- under section 271B of the Act. 2.1 Being aggrieved, the assessee carried the matter in appeal before the ld.CIT(A), the ld. AR reiterated its submission made before the AO and submitted that the e-return filed on 18.09.2013 is based on the audit report and the audited financial statements, and the necessary particulars about the audit report have been disclosed as part of the e-return filed electronically. It was further submitted that due to technical snag in the e-filing system of tax depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... YYY) 2013-09-18 b. Name of the auditor signing the tax audit report Sunil Porwal c. Membership No. of the auditor 071805 d. Name of the auditor (Proprietorship/ firm) M/s Sunil Porwal Co. e. Permanent Account Number (PAN) of the proprietorship/firm ACEPP3552C f. Date of Audit report 2013-09-04 2.3 Further, the ld. AR has drawn our reference to the decision of Hon ble Supreme Court in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rival contentions and perused the material available on record. The return of income has been electronically filed by the assessee on 18.09.2013 wherein the particulars regarding the audit report have been duly disclosed by the assessee. In the said return it has been stated clearly that Mr. Sunil Porwal, the auditor of the company has signed the audit report on 04.09.2013 and the said audit report has been furnished on 18.09.2013. The said income tax return which has been filed electronically and contents thereof including the audit particulars have not been disputed by the Revenue. It is therefore not in dispute that the audit report has been obtained before due date of filing of the return of income and the particulars thereof have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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