9911796707
TMI Blog2019 (6) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeals are clubbed, heard together and disposed off in a common order as under. I.T.A. 145/Viz/2019, A.Y.2008-09 2. Ground No.3 is related to the addition of Rs. 16,23,563/- towards disallowance of boat repairs and maintenance expenditure. 4. Ground No.4 is related to the adhoc disallowance of 10% of wages paid to boat staff. 5. Brief facts of the case are that the assessee filed the return of income declaring total income of Rs. 10,89,018/- on 11.12.2008. The case was selected for scrutiny and the assessment was completed u/s 143(3) on total income of Rs. 26,96,277. The Assessing Officer(AO) made the following additions to the returned income. Income as per the return of income Rs. 2,11,230 Add : Disallowance u/s 40a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r back to the file of the Ld.CIT(A) with a direction to decide the appeal on merits and the Ld.AR has been directed to comply with the notices issued by the Ld.CIT(A). Accordingly, appeal of the assessee is allowed for statistical purpose. I.T.A. 146/Viz/2019, A.Y.2008-09 8. All the grounds of appeal are related to the penalty levied by the AO u/s 271B of the Act for the A.Y.2008-09. The assessee firm filed its return of income admitting total income of Rs. 10,98,018/- on 11.12.2008. The assessee declared business receipts of Rs. 1,99,78,829/- representing Boat Hire Charges and income from fish sales. Since the assessee's gross receipts exceed Rs. 40,00,000/- as per the provisions of section 44AB of the Act, the assessee is required to ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the notice u/s 271B was issued to the assessee. The assessee did not even bother to fulfil the requirement of getting the accounts audited even belatedly. Therefore, the Ld.CIT(A) held that there is no reasonable cause for not getting the accounts audited and accordingly confirmed the penalty levied by the AO. For the sake of clarity and convenience, we extract relevant part of the order of Ld.CIT(A) in para No.6.7 and 6.8 of the order which reads as under : "6.7. I have perused the reasons submitted by the assessee before the AO during the course of penalty proceedings and grounds recorded by the AO for rejection of the same. Accordingly, I am of the considered opinion that none of the reasons adduced by the assessee such as surve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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