2024 (2) TMI 1433 - AT - Income Tax

Penalty u/s 271B - not auditing accounts u/s 44AB - HELD THAT - We note that the assessee has been showing commission income in his books of accounts and this fact has not been doubted by the authorities below. Therefore, we are of the view that the assessee was under the bona fides believe that his accounts are not liable to be audited under section 44AB of the Act. We also find that the penalty is not levied automatically under the provision of law. The Authorities Below are empowered to waive the penalty if they find that there was sufficient and reasonable cause for not getting the accounts audited under the provisions of section 44 AB of the Act as per the provision of Section 273B of the Act. The penalty can be waived off if the default was committed by assessee on account of unavoidable circumstances. Accordingly, we are of the view that the default has been committed by the assessee inadvertently. Thus we hold that, there cannot be penalty under section 44AB of the Act. Accordingly, we direct the Assessing Officer to delete the penalty levied u/s 271B of the Act. Hence, this ground of appeal of the assessee is allowed.

Summary

Issues:
Appeal against penalty order under section 271B for not auditing accounts under section 44AB of the Income Tax Act, 1961.

Detailed Analysis:

1. Issue of Penalty under Section 271B:
The appeal was filed against the penalty order under section 271B for not getting the accounts audited under section 44AB of the Income Tax Act, 1961. The assessee, a commission agent, failed to audit the accounts despite achieving a turnover that required auditing. The penalty proceedings were initiated, and the penalty was confirmed by the authorities.

2. Arguments and Findings:
The appellant argued that the commission earned should be considered as turnover, reducing the amount subject to audit. The appellant contended that the accounts were not liable for audit under section 44AB. The authorities noted that the commission income was recorded in the books without doubt, indicating the appellant's belief that audit was not required.

3. Legal Provisions and Waiver of Penalty:
The tribunal highlighted Section 273B of the Act, which allows for the waiver of penalty in certain cases where there is a reasonable cause for the failure to comply with audit requirements. The tribunal found that the default was inadvertent and due to unavoidable circumstances, leading to the decision that no penalty should be imposed under section 44AB.

4. Decision and Outcome:
After considering the arguments and legal provisions, the tribunal directed the Assessing Officer to delete the penalty levied under section 271B of the Act. The appeal of the assessee was allowed, and the penalty was waived off due to the reasonable cause for the failure to audit the accounts under section 44AB.

In conclusion, the tribunal ruled in favor of the assessee, allowing the appeal and directing the deletion of the penalty imposed under section 271B of the Income Tax Act, 1961. The decision was based on the finding that the default was inadvertent and fell under the provision for waiving penalties in cases of reasonable cause as per Section 273B of the Act.