2018 (1) TMI 1292 - AT - Income Tax

Penalty u/s 271A - violation of provisions of section 44AA - non-maintenance of books of accounts - Held that - Assessee has clearly violated the provisions of section 44AA when the turnover of the assessee is exceeding minimum limit provided under the said provisions. Though the total income of the assessee was assessed by the AO as per the transaction recorded in the bank account however, the bank account of the assessee cannot be accepted or regarded as books of accounts and therefore, the bank account will not substitute the books of accounts to be maintained by the assessee. It is a clear case of non compliance of the provisions of section 44AA of the Act. Therefore, in the absence of bonafide explanation the penalty levied u/s 271A is justified - Decided against assessee.

Summary

Issues: Penalty under section 271A for failure to maintain books of accounts and getting accounts audited.

Detailed Analysis:

1. Issue 1: Compliance with Section 44AA and Penalty under Section 271A
- The appellant challenged the penalty order under section 271A for failure to maintain books of accounts and getting them audited. The Assessing Officer (AO) initiated penalty proceedings due to the absence of maintained books of accounts despite significant transactions exceeding ?4 crores. The AO passed the penalty order of ?25,000, which was upheld by the CIT(A).

2. Issue 2: Assessee's Argument
- The appellant contended that the purpose of maintaining books of accounts under section 44AA is to facilitate the computation of income by the AO. The appellant claimed to have maintained sufficient records enabling the AO to assess income based on revised computations and bank statements. The appellant argued that there was no deliberate failure to maintain books of accounts, and compliance with section 44AA was met. The appellant cited relevant case laws supporting their position.

3. Issue 3: Revenue's Argument
- The Revenue argued that the appellant provided accommodation entries detected by the AO, leading to admission of turnover exceeding ?4 crores, violating section 44AA provisions. The Revenue relied on lower authorities' orders to support the penalty imposition.

4. Judgment and Conclusion
- The Tribunal found that the appellant's turnover exceeded the threshold specified in section 44AA, indicating non-compliance. While the AO computed income based on bank transactions, the bank account could not substitute maintained books of accounts. The Tribunal upheld the penalty under section 271A due to the clear violation of section 44AA without a bona fide explanation. Consequently, the appellant's appeal was dismissed, affirming the penalty imposition.

This detailed analysis outlines the key arguments presented by both parties, the Tribunal's reasoning, and the ultimate decision regarding the penalty under section 271A for the failure to maintain books of accounts as required by law.