2013 (12) TMI 1005 - AT - Income Tax

Penalty under section 271B failure to get its accounts audited - Held that - the professional income of the assessee received from partnership firm of Chartered Accountants is taxable under the head income from business or profession - the assessee ought to have got her accounts audited under section 44AB of the Act, the Assessing Officer imposed penalty under section 271B of the Act.- Decided against assessee.

Summary

Issues:
1. Challenge to correctness of penalty under section 271B of the Income Tax Act, 1961 for the assessment year 2006-07.
2. Interpretation of whether penalty under section 44AB is applicable to professional income received from a partnership firm by a Chartered Accountant.

Analysis:

Issue 1: Challenge to Penalty under Section 271B
The appeal challenged the correctness of the penalty imposed under section 271B of the Income Tax Act, 1961. The appellant contested the decision of the Commissioner of Income Tax (Appeals) dated 16th March 2012. The grounds of challenge included the contention that the penalty was imposed without considering the specific facts and circumstances of the case. Additionally, the appellant argued that there was a failure to distinguish between income from a profession by an individual professional and income from a profession by a partner of a professional firm, as per the provisions of the Income Tax Act, 1961, and the Indian Partnership Act, 1932.

Issue 2: Applicability of Penalty under Section 44AB
The main issue in this appeal was whether the penalty under section 44AB would be attracted to professional income received from a partnership firm by a Chartered Accountant. The appellant, a Chartered Accountant, received income from a partnership firm, which was taxable under the head "Profits & Gains from Business or Profession." The Assessing Officer imposed the penalty under section 271B for not obtaining an audit report under section 44AB. The appellant argued that since the income was only taxable under the head "profits and gains from business or profession" due to a technical requirement of the Income Tax Act, the provisions of section 44AB should not apply. However, the Assessing Officer relied on a previous Tribunal decision and imposed the penalty. The Commissioner of Income Tax (Appeals) upheld the penalty, citing the decision of a Coordinate Bench of the Tribunal. The Appellate Tribunal, following the precedent set by the Coordinate Bench, upheld the penalty and dismissed the appeal.

In conclusion, the appeal challenging the penalty under section 271B was dismissed by the Appellate Tribunal based on the interpretation of the applicability of penalty under section 44AB to professional income received from a partnership firm by a Chartered Accountant.