2019 (9) TMI 725 - AT - Income Tax

Penalty u/s. 271B - Non compliance to provisions of section 44AB - assessee has shown entire receipt as income - assessee has received commission for which has neither got his books of account audited nor furnished report on such audit as required u/s 44AB - HELD THAT - On a conjecture reading of provisions of section 44AB and Section 271B of the Act we noted that it is a mandatory provision that the assessee should get his books of account audited having turnover of more than 60 lakhs. In the present case undisputedly the admitted facts are that the gross receipts of 64, 16, 667/- and 67, 51, 712/- for the assessment years 2010-11 2011-12 and the assessee did not audit his books of account during the relevant financial period. We are unable to see any safeguard in the said provisions in a situation when the assessee has shown entire income/receipts without claiming any expenditure or deduction. Therefore the contention of the assessee is devoid of any merits and same is dismissed. - Decided against assessee.

Summary

Issues:
- Appeal against penalty under section 271B for assessment years 2010-2011 & 2011-2012.

Detailed Analysis:
1. The primary issue in this case is the appeal filed by the assessee against the penalty imposed under section 271B of the Income Tax Act for the assessment years 2010-2011 & 2011-2012. The assessee contested that the penalty was unjustified as the entire income had been disclosed without any expenditure claimed, believing that no audit was required under section 44AB of the Act.

2. The Assessing Officer initiated penalty proceedings under section 271B as the assessee had not audited the books of account despite receiving commissions exceeding the threshold specified in section 44AB. The penalty amount levied was &8377; 32,083/- and &8377; 33,759/- for the respective assessment years. The CIT(A) upheld the penalty imposed by the Assessing Officer.

3. The assessee argued that since the entire income was disclosed without any expenditure claimed, there was a genuine belief that no audit was necessary. However, the Departmental Representative contended that the provisions of section 44AB mandate auditing of accounts if turnover exceeds a certain limit, regardless of expenditure claims. The tribunal examined the relevant provisions of section 44AB and 271B, emphasizing the mandatory nature of the audit requirement for turnover exceeding &8377; 60 lakhs.

4. The tribunal found that the assessee's failure to audit the books of account despite exceeding the turnover threshold rendered the penalty justified. The tribunal dismissed the appeals, stating that the contention of the assessee lacked merit as the provisions of section 44AB clearly mandated the audit. Consequently, the immunity from penalty was denied, and the penalty imposed under section 271B was upheld.

In conclusion, the tribunal upheld the penalty imposed under section 271B for the assessment years 2010-2011 & 2011-2012, emphasizing the mandatory nature of the audit requirement under section 44AB for businesses exceeding the specified turnover limit. The tribunal found the assessee's argument regarding the disclosure of entire income without expenditure claims to be insufficient to waive the penalty, as compliance with audit requirements was deemed necessary by law.