Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home

2009 (8) TMI 66

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r to its amendment by the Finance Act, 1995, which came into existence with effect from 1st July, 1995, was not exigible in case the audit report has been obtained within the specified date and the return of income has been filed beyond time. – penalty not to be imposed. - 99 of 2000 - Dated:- 27-8-2009 - Hon ble R.K. Agrawal, J. and Hon ble Shashi Kant Gupta, J. JUDGMENT The Income-tax Appellate .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nd to obtain audit report before 31.10.1989. The audit report was obtained on this date but the same was filed along with the belated return furnished on 31.11.1989. The Assessing Officer was of the view that the audit report was not only required to be obtained before the specified date i.e. 31.10.1989, but it had also to be filed along with the return under Section 139(1) of the Act. The plea of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the audit report independent of the return, which lacuna was overcome by amending Sections 44AB and 271B of the Act by the Finance Act, 1995 with effect from 1.7.1995 and has cancelled the penalty vide its order dated 12.5.1998. We have heard the learned counsel for the parties. We find that this Court in the case of Commissioner of Income-tax Vs. Jai Durga Construction Co., (2000) 245 ITR 857 ha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Site Map - Recent || Site Map ||