2013 (11) TMI 114 - AT - Income Tax

Penalty u/s 271A Non maintenance of books of accounts Held that - It is very difficult to get an accountant at affordable cost in a remote village - Considering the remoteness of the village in which the assessee is carrying on the business and the nature of business conducted by the assesse Reasonable cause for not maintaining books of account as required under section 44AA of the Act. Therefore, the assessee is entitled for exemption under section 273B of the Act Decided in favour of assessee. Penalty u/s 271(1)(c) Held that - The assessee has not furnished any return in response to notice under section 148 and the assessee was having taxable income deemed concealment The assessed income as per the order of this Tribunal is more than the income actually returned by the assessee in all the years. Therefore, the difference between the income returned and income assessed is concealed income Decided against assessee.

Summary

Issues:
1. Penalty under section 271A for assessment years 1998-99 to 2001-02.
2. Penalty under section 271(1)(c) for assessment years 1995-96 to 2001-02.

Penalty under section 271A:
The case involved appeals against penalties under sections 271A and 271(1)(c) for different assessment years. The assessee, a poultry farmer in a remote village, argued the non-maintenance of books of account was due to reasonable cause as it was challenging to find an accountant in the village. The Departmental representative contended that exceeding income of Rs. 25,000 required maintaining books of account as per section 44AA. The Tribunal acknowledged the difficulty in finding an accountant in a remote village but emphasized the obligation to maintain books of account. However, considering the remote village's circumstances and the nature of the poultry farming business, the Tribunal found a reasonable cause for non-maintenance of books of account. Consequently, the penalty under section 271A was deleted.

Penalty under section 271(1)(c):
Regarding penalties under section 271(1)(c) for earlier assessment years, the assessee claimed there was a reasonable cause as the Assessing Officer's additions were reduced by the Tribunal. The Departmental representative argued that the assessee did not disclose correct income and failed to file a return after a notice under section 148. The Tribunal noted the failure to furnish a return post-notice under section 148 and the deemed concealment under section 271(1)(c). The assessment was based on material from shops and banks, resulting in assessed income exceeding the income returned. The Tribunal upheld the penalty as the Commissioner had already reduced it to the minimum prescribed under section 271(1)(c). Consequently, the order of the lower authority was confirmed.

In conclusion, the penalty under section 271A was deleted due to a reasonable cause for non-maintenance of books of account in a remote village, while the penalty under section 271(1)(c) was upheld as the failure to file a return post-notice resulted in deemed concealment. The Tribunal allowed some appeals and dismissed others based on the detailed analysis of the issues involved in the case.