2009 (9) TMI 231 - HC - Income Tax

Penalty under section 271A, 271B Account Books Audited The assessee is engaged in the construction work It has not maintain any books of accounts. In this case Allahabad High Court held that, of getting the books of account audited could arise only where the books of accounts are maintained on this ground the Tribunal is justified by cancelling the penalty imposed under section 271B of the Act. The appeal is dismissed. Decision in favor of assessee against the revenue

Summary

Issues:
1. Interpretation of provisions under sections 271A and 271B of the Income-tax Act, 1961.
2. Whether penalty can be imposed for not getting accounts audited when no books of account are maintained.
3. Validity of penalty imposed under section 271B for failure to get accounts audited.

Analysis:

1. The appeal in question was filed against the order of the Appellate Tribunal, New Delhi, under section 260A of the Income-tax Act, 1961. The substantial question of law raised was whether the assessee, a contractor with significant receipts, could be penalized under sections 271A and 271B for not maintaining books of account and failing to get them audited under section 44AB of the Act.

2. The facts revealed that the respondent-assessee, a construction firm, had not maintained any books of account despite having substantial receipts from contract work. The assessing authority initiated penalty proceedings under section 271B for not getting the accounts audited, resulting in a penalty imposition. However, the Commissioner of Income-tax (Appeals) later cancelled the penalty, a decision upheld by the Tribunal.

3. The main contention raised was whether the Tribunal erred in upholding the cancellation of the penalty. The Revenue argued that the penalty should stand since the assessee failed to get the books of account audited. However, it was clarified that the requirement for audit arises only when books are maintained. In this case, as no books were kept, the appropriate penalty provision would be under section 271A, not 271B. The Tribunal's decision to uphold the cancellation of the penalty under section 271B was deemed justified based on this distinction.

4. Ultimately, the Court dismissed the appeal, affirming the Tribunal's decision regarding the penalty cancellation. The judgment clarified the correct application of penalty provisions under the Income-tax Act in cases where books of account are not maintained, emphasizing the distinction between sections 271A and 271B in such scenarios.