Madhuban Chemicals and Fertilizers Ltd. vs Commissioner of Income Tax

S.K. Keshote, J.—Heard learned Counsel for the appellant-assessee and perused the entire material available on the record of the appeal.

It is not in dispute that the appellant-assessee obtained the audit report within the specified date, L e., 31-12-1991.

u/s 139 of the Income Tax Act, 1961, the appellant-assessee was required to file the return of income on or before 31-12-1991 but it was not filed within the due date. Delayed return was filed on 31-12-1992 but the audit report was not filed therewith.

He filed another return for this very assessment year on 30-8-1993 and therewith the audit report was enclosed.

In the facts of this case we are satisfied that no question of law much less any substantial question of law arise from the judgment dated 1-4-2004 of the learned Income Tax Appellate Tribunal, Jaipur Bench, Jaipur. The conduct of the appellant- assessee of withholding of audit report though in time it is obtained by him is another ground which creates suspicion and doubt in the mind of the Court. In the memo of appeal the appellant-assessee has framed as many as 6 questions but none does arise for consideration of the court in the matter.

In the result, the appeal fails and the same is dismissed.