2008 (2) TMI 315 - HC - Income Tax

Co-operative Credit & Service Society - As the total sale/gross receipts of the Society were more than 40 lacs, the Society was required to get its accounts audited by C.A. - penalty imposed u/s 271B for violation of the provisions of Section 44AB - ITAT has rightly deleted the penalty while recording a pure finding of fact to the effect that the assessee was under the bona fide belief that it was not required to get its accounts audited and such belief constituted reasonable cause u/s 273B

Summary

Issues:
Penalty under Section 271B for violation of Section 44AB.

Analysis:
The judgment pertains to two Income Tax Appeals under Section 260A of the Income Tax Act, 1961, arising from a common order passed by the Income Tax Appellate Tribunal. The primary issue in question is the penalty imposed under Section 271B of the Act for the violation of the provisions of Section 44AB. The case involves a Co-operative Credit & Service Society registered under the Haryana Co-operative Societies Act, deriving income from various sources. For the Assessment Year 2004-05, the Society filed a return declaring a loss and claimed exemption under Section 80P of the Act. However, the Society failed to get its accounts audited by a Chartered Accountant and furnish the same as required by Section 44AB, leading to the issuance of a show cause notice for penalty under Section 271B.

The Society contended that it was required to get its accounts audited by an auditor appointed by the Registrar, Co-operative Societies, under the Societies Act. Due to the non-appointment of the auditor within the stipulated time, the audit report could not be submitted on time. The Society argued that it regularly paid the annual audit fee but faced delays due to the unavailability of auditors in the Co-operative Department, asserting that it should not be penalized for circumstances beyond its control. Despite the explanations provided, the Assessing Officer imposed a penalty under Section 271B.

On appeal, the Commissioner of Income Tax (Appeals) upheld the penalty. However, the Income Tax Appellate Tribunal deleted the penalty considering the fact that the Society reported a loss and its turnover was below the prescribed limit, leading to a genuine belief that audit was not required. Citing relevant case laws, the Tribunal found that the Society had a reasonable cause for not getting the accounts audited, thus warranting the deletion of the penalty. The High Court concurred with the Tribunal's decision, emphasizing that the Society's belief constituted a reasonable cause under the Act, and no substantial question of law was found in the appeals.

In conclusion, the High Court dismissed both appeals, upholding the deletion of the penalty by the Income Tax Appellate Tribunal. The judgment underscores the importance of a genuine belief based on factual circumstances as a reasonable cause for non-compliance with audit requirements, leading to the exoneration of the penalty imposed under Section 271B.