TMI Blog1996 (2) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred the following question of law at the instance of the Revenue : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that filing of the audit report in Form No. 10B with the return of income was not mandatory and filing of it at any stage during the course of the assessment proceedings was sufficient compliance of clause (b) of section 12A of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cepted the submissions and allowed the appeals. Against the order of the Appellate Assistant Commissioner, the Department filed an appeal before the Tribunal and the Tribunal upheld the order passed by the Appellate Assistant Commissioner. The Department, therefore, moved the Tribunal under section 256(1) of the Income-tax Act, 1961, for stating the case and referring the said question to this c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed with the return of income. The Tribunal held that the provisions of section 12A(b) are not mandatory and it would be sufficient compliance with the said provisions if the audit report is filed at any stage of the assessment proceedings. Under the scheme of the Act, it is permissible to file a return even after the due date under sub-section (4) of section 139 of the Income-tax Act, 1961. Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessment year; (iii) Where the return relates to a previous year relevant to any other assessment year two years from the end of such assessment year." It is, thus, clear that where law permits the filing of the return at a stage beyond the prescribed date, it is natural to assume that any report required by law to be appended to the return can be furnished at any time during which it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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