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2013 (2) TMI 287 - AT - Income TaxPenalty u/s. 271-A - non-maintenance of books of account required u/s. 44AA - Held that - The assessee did not maintain any books of account or other documents to show his correct income to support the income declared in the return. The assessee furnished return of income at Rs. 76,620/- which was not filed in accordance with the provisions of section 44AF. Further, the assessee claimed lower profit and gains as against the provisions of section 44AF. Therefore, it was mandatory for the assessee to keep and maintain such books of account and other documents as required u/s. 44AA(2)(iii). Admittedly, the total turnover, sales or gross receipts of the assessee are more than Rs. 10.00 lacs and the assessee failed to support its claim of lower profit. Therefore, merely because the AO computed income subsequently with the aid of section 44AF would not absolve the assessee from maintenance of account books and other documents as required by law. The AO has mentioned that nothing was produced before him for verification of the income declared in the return of income. The AO did not find any alternate except to estimate the income u/s. 44AF. Therefore, the provisions of section 44AA(2)(iii) and 44AF(5) would clearly apply in the case of the assessee - as the assessee did not file return of income as per provisions of section 44AF and claimed lower profit in the return of income, therefore, penalty is attracted in the case of the assessee. No justification to interfere with the orders of penalty as the assessee has not explained any reasonable cause which prevented the assessee from maintaining the books of account in accordance with law - against assessee.
Issues Involved:
1. Condonation of delay in filing the appeal. 2. Imposition of penalty under section 271A for non-maintenance of books of account. 3. Applicability of sections 44AA and 44AF of the Income Tax Act. Issue-Wise Detailed Analysis: 1. Condonation of Delay in Filing the Appeal: The assessee filed the appeal on 20.04.2009, which was 20 days beyond the prescribed period. The delay was attributed to the assessee's illness from 20.03.2009 to 18.04.2009, supported by a medical certificate and an affidavit. The Departmental Representative (DR) had no objection to the condonation. Considering the medical evidence and the lack of objection from the DR, the Tribunal condoned the delay, stating, "we are satisfied that the assessee was prevented by sufficient cause from filing the appeal within the period of limitation." 2. Imposition of Penalty under Section 271A for Non-Maintenance of Books of Account: The assessee declared an income of Rs. 76,620/- from a retail cloth shop and did not maintain any books of account, stating that the profit was shown on an estimate basis. The Assessing Officer (AO) found transactions totaling Rs. 30,66,153/- in the assessee's bank accounts and applied a 5% profit rate under section 44AF, determining a net profit of Rs. 1,53,308/-. Penalty proceedings under section 271A were initiated for non-maintenance of books of account. The AO imposed a penalty of Rs. 25,000/- under section 271A, stating, "the assessee failed to keep and maintain any books of account and documents etc. as required u/s. 44AA of the IT Act." 3. Applicability of Sections 44AA and 44AF of the Income Tax Act: The CIT(A) upheld the penalty, noting that the turnover exceeded Rs. 10,00,000/-, necessitating the maintenance of books of account under section 44AA(2). The Tribunal reiterated that under sections 44AA(2)(iii) and 44AF(5), the assessee was required to maintain books of account if claiming lower profits than those deemed under section 44AF. The Tribunal stated, "the assessee did not maintain any books of account or other documents to show his correct income to support the income declared in the return." The Tribunal found that the assessee's failure to maintain books of account justified the penalty, as the provisions of section 44AA(2)(iii) and 44AF(5) clearly applied. Conclusion: The Tribunal dismissed the appeal, concluding that the assessee did not provide any reasonable cause for non-maintenance of books of account, and upheld the penalty under section 271A. The judgment emphasized the mandatory nature of maintaining books of account under sections 44AA and 44AF when claiming lower profits. The Tribunal stated, "we do not find any justification to interfere with the orders of the authorities below," and the appeal was dismissed.
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