TMI Blog2002 (7) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 - - - - - Dated:- 23-7-2002 - Judge(s) : Y. R. MEENA., SHASHI KANT SHARMA. JUDGMENT These two appeals are directed agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at had not been done by the Registrar, Co-operative Societies, in spite of repeated requests made by the assessee. The assessee could not get its accounts audited before the specified dates and the explanation submitted by the assessee was accepted being a reasonable cause for delay in filing the audit report and the penalty imposed by the Assessing Officer had been cancelled by the Commissioner of Income-tax (Appeals). In both these appeals, the Income-tax Appellate 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. In appeal before us, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 44AB of the Act of 1961. Mr. Singhi, learned counsel for the Revenue, submits that it is true, that the proviso to section 44AB of the Income-tax Act, 1961, provides that if the accounts are got audited under any other law, by the society that is sufficient compliance with the provisions of section 44AB of the Income-tax Act, 1961, but, the audit should be completed before the specified date. In this case, the audit had not been completed before the specified date, therefore, this provision does not help the assessee in any way. We agree with Mr. Singhi, learned counsel for the Revenue, that the provision requires that if the accounts are got audited under the relevant law before the specified dates that will be the sufficient comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dates. Nowhere on the record, has any material been shown that the delay in auditing the accounts took place for any fault of the assessee. The assessee had taken due care and tried its level best to comply with the provisions of section 44AB of the Income-tax Act, 1961. The assessee cannot be punished for the fault of the third party which is required under a statute. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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