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2023 (6) TMI 111 - ITAT PUNEPenalty u/s. 271B - assessee had not filed audit report - Qualification of CA doing audit for assessee - assessee pleaded before the AO that assessee had submitted its books to his Chartered Accountant (CA), but he failed to audit the books, then there was some dispute with the CA - HELD THAT:- Assessee had not given books to a qualified CA. We do not know, the exact qualification of Mr.Kadam, who calls himself Accountant. As per Section 288 “Explanation.—In this section, "accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act”. Only a qualified CA is permitted to Audit books of account. In the affidavit it is claimed by the Accountant of the firm, that he had not given data to CA. Thus, in the affidavit he is not referring to books. However, for Audit, books of account are required. Therefore, the claims made in the affidavit are contradictory and hence not reliable. There was no valid reason for not filling Audit report - Decided against assessee.
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