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Income Tax

No section 271B penalty when Assessee not Maintained Books of Account

Case Law Details

Case Name
Maranaikana Halli Jayashella Shetty Pradeepkumar Vs ACIT (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-2018
Advertisement Maranaikana Halli Jayashella Shetty Pradeepkumar Vs ACIT (ITAT Bangalore) 271B Penalty- When the Assessee Has Not Maintained the Books of Account, There Is No Question of Getting the Books of Account Audited U/S 44AB Assessment was completed u/s 143(3) making  additions to the returned income u/s 44AD.  AO initiated penalty proceedings u/s 271A &  271B. Penalty u/s 271B was imposed for the reason that the assessee was required to get his books of account audited and having failed to do the same. Assessee filed appeal before the CIT(A). As there was no appearance / compl...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,900

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2 Comments
  1. Rachi Tribunal in a recent decision dt 15.05.2023 held that 271A & 271B are independent. 271B Penalty can be levied even when the books of account are not maintained

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