9911796707
TMI Blog2013 (11) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... same by this common order. Let us first take the appeals pertaining to levy of penalty under section 271A for the assessment years 1998-99 to 2001-02. Shri Thankachan Zacharia, the learned representative for the assessee submitted that the assessee is a small time poultry farmer in a remote village in the State of Kerala. Therefore, the assessee could not maintain any books of account for the poultry business. According to the learned representative, it is very difficult to get an accountant to maintain the books of account at the remote village. Therefore, the non-maintenance of the books of account by the assessee is due to reasonable cause within the meaning of section 273B of the Act. On the contrary, Shri S.R. Senapati, the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing which is associated with agriculture. In this country agriculture is still continued to be an unorganised sector. Many people are doing agriculture without maintaining any books of account. It does not mean that the assessee is not expected to maintain books of account. The assessee is very much expected to maintain the books of account. But taking into consideration the remoteness of the village in which the assessee is carrying on the business and the nature of business conducted by the assessee, this Tribunal is of the opinion that there was a reasonable cause for not maintaining books of account as required under section 44AA of the Act. Therefore, the assessee is entitled for exemption under section 273B of the Act. In view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable on record. As rightly pointed out by the learned Departmental representative, the assessee has not filed the return of income in response to notice issued under section 148 after reopening the assessment. Explanation 3 to section 271(1)(c) reads as follows : "Explanation 3.-Where any person fails, without reasonable cause, to furnish within the period specified in sub-section (1) of section 153 a return of his income which he is required to furnish under section 139 in respect of any assessment year commencing on or after the first day of April, 1989, and until the expiry of the period aforesaid, no notice has been issued to him under clause (i) of sub-section (1) of section 142 or section 148 and the Assessing Officer or the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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