No penalty for delay in audit report submission due to late appointment of Auditor by Registrar of Societies

Brief facts of the case are that the assessee filed the return of income on the basis of the provisional accounts audited by a Chartered Accountant but did not file the audited accounts. The AO, therefore, issued a notice u/s 271D for levy of penalty for non filing of the audit report. The assessee explained that the audit report could not be filed within the time as the delay took place because the appointment of the Auditors was to be made by the Registrar of the Societies and thus beyond the control of the assessee and that the assessee should not be penalize

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