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TMI Blog2019 (4) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... r for any previous year. In the present case there is no finding either by the AO or even by the CIT(A) qua any of these books or documents being not maintained by the assessee. How, then, one wonders section 271A gets attracted? As afore-noted, both the authorities have stated of the assessee not maintaining ‘proper accounts’. Even as the assessee claims otherwise, where the accounts are n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s (D.R.) ORDER PER SANJAY ARORA, AM: This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-Jammu ('CIT(A)' for short) dated 10.01.2017, confirming the levy of penalty u/s. 271A of the Income Tax Act, 1961 ('the Act' hereinafter) by the Assessing Officer vide order dated 26.03.2015 for Assessment Year (AY) 2001-02. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments as required u/s. 44AA, or rules made thereunder for any previous year. Rule 6F, i.e., the relevant rule, to which reference was also made during hearing, specifies cash book; journal; ledger, besides bills for expenses and sales, i.e., as received and issued by the assessee, and on the basis of which the accounts have been maintained. There is no finding either by the Assessing Officer (AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s per se would not, even as explained in Asst. CIT vs. Aggarwal Construction Co . [2007] 106 ITD 129 (Chd)(TM), attract section 271A. In my considered opinion, therefore, no case for penalty u/s. 271A is made out. I, accordingly, have no hesitation in directing deletion of the impugned penalty. I decide accordingly. 4. In the result, the assessee s appeal is allowed. Order pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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