COMMISSIONER OF INCOME TAX Vs. JAYANT PATEL

JUDGEMENT

(1.) SECTION 80J(6A) of the Income-tax Act, 1961, requires the audit report to be furnished along with the return. The Tribunal has held that the requirement is directory and not mandatory and that production of the audit report before the appellate authority was sufficient compliance with the requirements of the section. The Tribunal has directed the Commissioner to consider the audit report that has been filed by the assessee before him and decide the claim under SECTION 80J of the Act on the merits.

(2.) IT is contended by counsel for the Revenue that this order is untenable as the audit report had not been enclosed with the return and had in fact, been filed after the assessment before the appellate authority. Counsel relied on the decision of the Punjab and Haryana High Court in the case of CIT v. Jaideep Industries [1989] 180 ITR 81 to contend that the requirement of the section is mandatory.