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2018 (5) TMI 2141 - ITAT JAIPURPenalty u/s 271B - assessee has violated the provisions of Section 44AA as well as 44AB of the Act for not maintaining the regular books of accounts as well as audit of the same - HELD THAT:- It is pertinent to note that when the assessee did not maintain the regular books of account then the question of getting of books of accounts audited does not arise. Once, there is a violation of provisions of section 44AA of the Act the said violation cannot be extended to section 44AB of the Act. The provisions of Section 44AB of the Act can be invoked only when the assessee has complied with the provisions of Section 44AA of the Act. Therefore, the violation of Section 44AA of the Act cannot continue because once it is found that the assessee did not maintain the regular books of account the said violation cannot travel beyond the provisions of Section 44AA and hence, cannot be held as a further violation of Section 44AB - See BISAULI TRACTORS [2007 (5) TMI 181 - ALLAHABAD HIGH COURT] Once the assessee found to have not maintaining the regular books of account as contemplated by Section 44AA of the Act the default was completed and therefore, after the default of not maintaining the books of accounts there cannot be a further default for not getting the same audited as required U/s 44AB of the Act. Hence, the penalty of levy by the AO U/s 271B is not justified and the same is deleted. Appeal filed by the assessee is allowed.
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