Penalty u/s 271B was levied on the assessee for failure to get ...

Penalty waived due to bona fide belief of retired army distributor on no book-keeping requirement.

Case Laws     Income Tax

September 2, 2024

Penalty u/s 271B was levied on the assessee for failure to get accounts audited despite turnover exceeding prescribed limit u/s 44AB. The Assessing Officer relied solely on information provided by Mother Dairy regarding assessee's ledger account, without providing opportunity to assessee for rebuttal. The assessee, a retired army personnel and distributor of Mother Dairy, had bona fide belief that no books of accounts were required since income was from commission on sales. Section 273B provides immunity from penalty u/s 271B where assessee establishes reasonable cause or bona fide belief. Considering assessee's bona fide belief and status as retired army personnel and distributor, penalty was held not leviable. Decision favored the assessee.

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