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Tax Audit Exception: ITAT Confirms Interest is Not “Gross Receipts” for 44AB and Deletes Penalty

Case Law Details

TaxGuru Citation
2025 taxguru.in 9409
Case Name
Yamuna Expressway Industrial Development Authority Vs CIT(Appeal) (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2006-07
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Yamuna Expressway Industrial Development Authority Vs CIT(Appeal) (ITAT Delhi)

When assessee is a Local Authority/Charitable Institution not carrying on business even AO levied penalty u/s 271A for no books, audit u/s 44AB cannot be enforced

Yamuna Expressway Industrial Development Authority is a statutory Local Authority constituted u/s 3 of the UP Industrial Area Development Act, 1976, engaged in public infrastructure & area development. It was granted registration u/s 12AA on 08.05.2017 & later notified u/s 10(46) for AYs 2014-15 to 2018-19. For AY 2006-07, assessment was reopened & completed u/s 147/143(3), treating surplus as business income & disallowing certain expenses.

AO initiated penalty both u/s 271A (for non-maintenance of books) & u/s 271B (for failure to get accounts audited u/s 44AB), & levied penalty of ₹24,464 @0.5% of gross receipts u/s 271B.

CIT(A) confirmed the penalty. Before Tribunal, Assessee argued that it is not engaged in any business or profession, but is a statutory development authority carrying out public utility functions. Therefore, Section 44AA (maintenance of books) & Section 44AB (tax audit) do not apply. In fact, AO himself levied penalty u/s 271A holding that no books were maintained. If no books exist, there is nothing to audit, so 271B penalty cannot survive.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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