2024 (3) TMI 663 - AT - Income Tax

Penalty u/s. 271A - AO treating the assessee as being in default for not maintaining books of accounts as required per the mandate of Section 44AA - HELD THAT - Considering the fact that the assessee had uploaded the relevant extract of his cash book for the year under consideration (as was called for by the A.O in the course of the assessment proceedings), we are unable to comprehend why and on what basis it had been concluded by the A.O that the assessee was not maintaining its books of accounts. Thus not being able to persuade ourselves to subscribe to the saddling of penalty imposed on the assessee u/s. 271A of the Act, vacate the same. Decided in favour of assessee.

Summary

Issues involved: Appeal against penalty u/s 271A for delay in filing, justification for condonation of delay, imposition of penalty for not maintaining books of accounts.

Appeal against Penalty u/s 271A:
The appeal was filed against the order passed by the Commissioner of Income-Tax (Appeals) arising from the order u/s 271A of the Income-tax Act, 1961. The appellant contested the penalty on various grounds, seeking its withdrawal based on facts and law. The Authorized Representative highlighted that the appeal was delayed by 14 days due to a relative's death, which was considered a valid reason for condonation by the Tribunal.

Imposition of Penalty for Not Maintaining Books of Accounts:
The assessment of the educational institution revealed unexplained cash deposits, leading to penalty proceedings u/s 271A. The Assessing Officer (A.O.) imposed a penalty of Rs. 25,000 for not maintaining books of accounts u/s 44AA. Despite the appeal to the CIT(Appeals) being unsuccessful, the Tribunal found that the institution had actually maintained its books of account as evidenced by uploaded documents during assessment proceedings. The Tribunal observed discrepancies in the A.O.'s conclusion and vacated the penalty, ruling in favor of the appellant.

Conclusion:
The Tribunal allowed the appeal, emphasizing the proper maintenance of books of accounts by the educational institution and overturning the penalty imposed by the A.O. The decision was based on the documented evidence provided during the assessment process, leading to the vacating of the penalty u/s 271A.