Where the assessee did not file audited financial statements along with audit report, it was noted that such non filing was due to factors entirely beyond the control of the assessee. The AO was directed to make the assessment after duly considering the audited financial statements and the audited report, after providing proper opportunity to the assessee to present its case. Referred CBDT Instruction No. 14 (XL) dt. 11-4-1955. (AY. 2003-04, 2004-05, 2006-07)
Global One India Pvt. Ltd. v. DCIT (2020) 194 DTR 361 / 208 TTJ 129 (Delhi)(Trib.)
S. 143(3) : Assessment-Audit of accounts-Audited financial statements along with audit report was not filed-In the interest of substantial justice AO to make assessment after considering audited financial statement and audit report. [S. 44AB]