Case Law Details
Roshni Devi Vs ITO (ITAT Jaipur)
It is an admitted position that the assessee has not maintained the books of accounts in respect of her business run in name and style of M/s Jharkhand Electric & Electronics, the turnover of which was determined at Rs 96.10 lacs. Basis the same, we have upheld the levy of penalty under section 271A for non-maintenance of books of accounts. Once the penalty has been levied for non-maintenance of books of accounts, there cannot be penalty again for non-audit of books of accounts which were not kept at first place. It is clearly a case of impossibility of performance where it is expected that the assessee should get her books of accounts audited when it is a known and admitted fact that there are no regular books of accounts which have been maintained at first place. Our view is fortified by the decision of the Hon’ble Gauhati High Court in case of Rajmal Parsuram Todi (supra) wherein it was held that when a person commits an offence by not maintaining the books of accounts as contemplated under section 44AA, the offence is complete and after that, there can be no possibility of any offence as contemplated under section 44AB and therefore, the imposition of penalty under section 271A is erroneous.
FULL TEXT OF THE ITAT JUDGMENT
These are the three appeals filed by the assessee against the respective orders of the ld. CIT(A)-I, Jaipur dated 05/09/2017 for the A.Y. 2011-12 wherein the assessee has challenged the action of the Assessing Officer in levying the penalty U/s 271(1)(c), 271A and 271B of the Income Tax Act, 1961 (in short the Act). All these appeals were heard together and the same are being disposed off by this consolidated order.
2. Earlier, all these appeals were dismissed in limine for want of prosecution by the Coordinate Bench vide its order dated 09/01/2018, which has subsequently been recalled vide M.A. order dated 09/04/2018. Hence these appeals have come up before us.
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