2012 (10) TMI 569 - HC - Income Tax

Penalty u/s 271B Audit u/s 44AB - Whether Sec. 44AB is applicable where the assessee has no income from business or profession - Assessee is a Market Committee failed to get audit of books of account u/s 44AB - AO levied penalty u/s 271B Held that - Sec. 44AB becomes operative where there is computation of profits and gains of business or profession as a part of total income. As the income of the assessee was exempted u/s 10(20) which falls in Chapter III. There was no income of the assessee which would fall under heading PGBP . Once that was so, it could not be said that the provisions of Sec. 44AB were applicable and as a sequel thereto, penalty u/s 271B was not leviable. Issue decides in favour of assessee

Summary

Issues:
1. Interpretation of Section 44AB of the Income Tax Act, 1961.
2. Application of penalty under Section 271B for non-compliance with Section 44AB.
3. Exemption of income under Section 10(20) of the Act.
4. Discretion of the Tribunal in canceling the penalty imposed by the Assessing Officer.

Interpretation of Section 44AB:
The case involved a dispute regarding the applicability of Section 44AB of the Income Tax Act, which mandates the audit of accounts for persons exceeding prescribed turnover limits. The court highlighted that the audit must be completed by the specified date. The section applies to individuals engaged in business or profession with turnover exceeding specified limits.

Application of Penalty under Section 271B:
Section 271B of the Act allows for penalties in case of non-compliance with Section 44AB requirements. The penalty is a percentage of total sales or a fixed amount, whichever is less. The court emphasized that penalties under Section 271B are triggered by failures to audit accounts or furnish the required report under Section 44AB.

Exemption of Income under Section 10(20):
The assessee in this case declared nil income for a specific assessment year, citing exemption under Section 10(20) of the Act. It was noted that the income from house property was exempted, leading to a nil income declaration. This exemption was crucial in determining the applicability of Section 44AB and subsequent penalty under Section 271B.

Discretion of the Tribunal:
The Tribunal's decision to cancel the penalty imposed by the Assessing Officer was challenged by the revenue. However, the court upheld the Tribunal's decision, stating that since the assessee's income fell under an exempt category and not under business or profession, Section 44AB did not apply. Consequently, the penalty under Section 271B was deemed inapplicable, and the Tribunal's decision was upheld.

In conclusion, the court dismissed the appeals, ruling in favor of the assessee based on the interpretation of relevant sections of the Income Tax Act. The judgment emphasized the importance of considering income sources and exemptions in determining the applicability of audit requirements and associated penalties under the Act.