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2023 (4) TMI 463 - AT - Income TaxPenalty u/s 217B - not getting the books audited - assessee did not maintain any books of accounts - HELD THAT:- The bench has noted from the paper book of the assessee that in the case of the assessee there has been a levy of penalty for non-maintenance of books of accounts u/s. 271A of the Act and the ld. DR did not controvert the fact the same is not deleted. So once it has been held the assessee has not maintained the books of account and consequent there upon the penalty has also been levied the separate penalty for not getting the books of account audited cannot be fastened. The penalty u/s. 271B can be levied while the assessee maintain the books and not get them audited but once it is been not disputed that the assessee has not maintained the books how the penalty for not getting the books audited be levied. Thus we are of the view that once the penalty is levied for non-maintenance of book of accounts, there cannot be further default for not getting the same audited as required u/s 44AB of the Act and therefore, the penalty levied u/s 271B is not justified and thus vacated. Appeal of the assessee is allowed.
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