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TMI Blog2019 (3) TMI 1464X X X X Extracts X X X X X X X X Extracts X X X X ..... ALLAHABAD HIGH COURT] When there are no books of account, the question of their audit does notarise. If there is any fault in the matter, the said fault can be examined with reference to non-maintenance of Books of Account. There are certainly no defaults for not obtaining the said Audit Reports for years under consideration. The requirement of audit is in relation to the books maintained. When there are no books, there is nothing to audit. - We cancel the penalty imposed by the AO u/s 271B - Decided in favour of assessee. - ITA No.640/KOL/2018 - - - Dated:- 27-3-2019 - Sh. P.M. Jagtap, Vice President And Sh. S. S. Viswanethra Ravi, Judicial Member For the Appellant : Smt. P.Shaw, CA For the Respondent : Sh. Sankar Kr. Halde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is a monetary limit as provided u/s 44AB of the Act. Before us, Ld.AR contended that when there are no books and getting the same audits does not arise. He argued that no penalty could be imposed u/s 271B of the Act and the penalty confirmed by the CIT(A) is to be levied. The Ld.AR further relied on the decision of Hon ble High Court of Allahabad in the case of CIT vs Bisauli Tractors [2008] 299 ITR 219 (All.). Further Ld. AR argued when a separate penalty provision is provided for non-maintenance of accounts, the AO should have imposed penalty u/s 271A of the Act but no penalty u/s 271B of the Act and submitted the penalty imposed by the AO as confirmed by the CIT(A) is not maintainable. 5. The Ld. DR argued that it is a statutor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not maintaining books of account. Commissioner (Appeals) verified this fact with reference to sales tax records also. When there are no books of account, the question of their audit does notarise. If there is any fault in the matter, the said fault can be examined with reference to non-maintenance of Books of Account. There are certainly no defaults for not obtaining the said Audit Reports for years under consideration. The requirement of audit is in relation to the books maintained. When there are no books, there is nothing to audit. I have perused the impugned orders. In my opinion the Commissioner (Appeals) took a correct view in the matter and his order calls for no interference. 7. In view of the above, we set aside the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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