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TMI Blog2016 (4) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... 29.05.2013 of ld. CIT(A)-XXVII, New Delhi. 2. The only grievance of the assessee in this appeal relates to the confirmation of penalty of Rs. 45,458/- levied by the AO u/s 271B of the Income Tax Act, 1961 (hereinafter referred to as the Act). 3. Facts of the case in brief are that the assessee filed the return of income on 30.09.2008 declaring an income of Rs. 3,19,850/-which was subsequently r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated the penalty proceedings u/s 271B of the Act and levied the penalty of Rs. 45,458/-. 4. Being aggrieved the assessee carried the matter to the ld. CIT(A) and submitted that it was not a case where absolutely no compliance had been made u/s 44AB of the Act but was a case where compliance u/s 44AB of the Act could not be made with respect to one segment of business, therefore, provisions of Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him in the books of accounts i.e. whether the shares were held as stock in trade or as an investment. The ld. CIT(A) held that the assessee's accounts relating to the business activity of trading in shares were not audited as required under the provisions of Section 44AB of the Act. He accordingly confirmed the penalty levied by the AO. 6. Now the assessee is in appeal. The ld. Counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rongly supported the orders of the authorities below. 8. We have considered the submissions of both the parties and perused the material available on the record. In the present case, it appears that the assessee got his accounts audited relating to regular business of manufacturing of GLS Lamps. However, no audit was got conducted in respect of the transaction relating to sale and purchase of sha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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