9911796707
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Issues:
1. Addition in income disclosed from contract business. 2. Penalty imposed under section 271A for non-maintenance of books of accounts. Analysis: 1. The appellant, a civil contractor, filed a return of income based on accretion of assets and outgoings. The Assessing Officer made additions to the disclosed income from the contract business. However, the CIT(A) accepted the net profit rate disclosed by the assessee, with the difference arising due to the disallowance of commission. Penalty proceedings were initiated under section 271A for non-maintenance of books of accounts, resulting in a penalty of Rs. 9,900 for an alleged violation of section 44AA. The appellant contended that they had maintained records enabling the Assessing Officer to determine income, as per the provisions of the Income Tax Act, and that penalty imposition was unwarranted. The Tribunal noted that the appellant's case did not fall under section 44AA(1) but under section 44AA(2), which required maintaining records enabling income computation. The Tribunal found that the appellant had provided sufficient information for assessment, as evidenced by the assessment order and CIT(A) decision. Citing precedents, the Tribunal held that section 271A penalty was not applicable, and thus, the penalty was deleted. The appeal was allowed. 2. The appellant argued that they had maintained a notebook containing entries of receipts, outgoings, assets, and liabilities, allowing the Assessing Officer to determine income. The appellant emphasized that the regular accountant was unavailable, but the maintained records were sufficient for assessment. The Tribunal agreed that the appellant's records facilitated assessment under the Income Tax Act, and since there were no prescribed books to be maintained and no hindrance faced by the Assessing Officer in assessment, section 271A penalty was deemed inapplicable. Relying on previous tribunal decisions, the Tribunal ruled in favor of the appellant and deleted the penalty.
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