2023 (2) TMI 748 - AT - Income Tax

Penalty u/s 271A - estimation of income - default of not maintaining the books of accounts by the assessee - As contended that the assessee is not required to maintain the books of accounts u/s 44AA as the turnover of the assessee as well as income from business was not more than the minimum limit provided under the said provision - HELD THAT - When the assessee has claimed the agriculture income and business income assessee was under bona fide belief that he was not required to maintain the books of accounts as per the provisions of section 44AA(2)(i) - Only in consequence of the assessment order the business income of the assessee was assessed at Rs. 4, 59, 800/- instead of agriculture income claimed by the assessee would not ipso facto lead to the conclusion that the assessee was very well aware about the requirement of keeping and maintaining the books of accounts. Accordingly when the very basis of levying the penalty by the ACIT is contrary to the assessment framed by the AO and even business income of the assessee prior to the assessment order was not above the limit prescribed u/s 44AA(2)(i) for keeping and maintaining the books of accounts then the case falls in the ambit of reasonable cause for the said failure as provided under section 273B of the Income Tax Act. Hence the penalty levied by the ACIT u/s 271A is deleted. - Decided in favour of assessee.

Summary

Issues:
- Penalty under section 271A for not maintaining books of accounts by the assessee.
- Interpretation of section 44AA of the Income Tax Act regarding the requirement to maintain books of accounts based on turnover and business income.
- Justification for imposing penalty under section 271A.

Analysis:

Issue 1: Penalty under section 271A for not maintaining books of accounts by the assessee

The appeal was against the penalty order passed under section 271A of the Income Tax Act for the Assessment Year 2017-18. The AO initiated penalty proceedings as the assessee did not maintain books of accounts despite deposits in bank accounts. The ACIT considered the total income assessed and bank deposits as the basis for the penalty. However, the Tribunal found that the assessee's failure to maintain books of accounts was due to a reasonable cause, leading to the penalty being deleted.

Issue 2: Interpretation of section 44AA regarding the requirement to maintain books of accounts

Section 44AA mandates maintaining books of accounts if turnover or business income exceeds specified limits. The AO treated a portion of agriculture income as business income, triggering the penalty under section 271A. The Tribunal noted that the AO's assessment contradicted the facts, as the assessee declared separate agriculture and business income. The Tribunal found the assessee's belief that books of accounts were not required justified, as the business income did not surpass the limit specified in section 44AA.

Issue 3: Justification for imposing penalty under section 271A

The ACIT imposed a penalty under section 271A based on the AO's assessment and bank deposits exceeding the limit for maintaining books of accounts. However, the Tribunal observed that the penalty was unjustified as the assessee acted in good faith, believing books of accounts were unnecessary due to the income levels. The Tribunal ruled in favor of the assessee, deleting the penalty of Rs. 25,000 levied under section 271A.

Overall, the Tribunal allowed the appeal, emphasizing the reasonable cause for the assessee's failure to maintain books of accounts as per section 44AA, leading to the deletion of the penalty imposed under section 271A.