9911796707
TMI Blog2023 (4) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, it was concluded by the Hon ble Allahabad High Court [ 2007 (5) TMI 181 - ALLAHABAD HIGH COURT] that the penal provisions of section 271B of the I.T. Act would not apply. In the instant case as mentioned earlier, admittedly, the assessee has not maintained books of account, penalty imposed u/s 271B of the I.T. Act for non-furnishing of audit report does not arise. Therefore, we delete the penalty imposed u/s 271B of the I.T. Act. Appeal filed by the assessee is allowed. - ITA No.1136/Bang/2022 - - - Dated:- 30-3-2023 - Shri George George K, JM And Shri Laxmi Prasad Sahu, AM For the Appellant : None For the Respondent : Sri.Gudimella VP Pavan Kumar, JCIT-DR ORDER PER GEORGE GEORGE K, JM : This app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, the assessee has filed the present appeal before the Tribunal. None was present on behalf of the assessee. However, we decided to proceed with the matter after hearing the learned Departmental Representative. The learned DR supported the orders of the AO and the CIT(A). 6. We have heard the learned DR the perused the material on record. The solitary issue is whether penalty can be imposed u/s 271B of the I.T.Act on the facts of the instant case. Admittedly, in the instant case, the A.O. had imposed penalty u/s 271A of the I.T.Act r.w.s. 44AA of the I.T.Act for non-maintenance of books of account. When the assessee has admittedly not maintained the books of account, there is no question of getting the books of account audited u/s 44AB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in accordance with law. 7. A similar view has also been held by the Hon ble Allahabad High Court in the case of CIT v. Bisauli Tractors reported in (2008) 299 ITR 219 (All.), wherein it is held that if a person is not maintained books of account, the question of audit does not arise. Further, it was held by the Hon ble High Court that in such an event, the imposition of penalty u/s 271A of the I.T.Act for alleged non-compliance with section 44AA of the I.T.Act may arise but the provisions of section 44AB of the I.T.Act do not get violated in a case where accounts have not been maintained at all. Therefore, it was concluded by the Hon ble Allahabad High Court that the penal provisions of section 271B of the I.T.Act would not apply. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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