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

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 / compliance to the notices issued by e CIT(A),  an ex parte order was passed by him confirming the penalty imposed u/s 271B.

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