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2020 (5) TMI 350 - AT - Income TaxPenalty u/s 271B - Failure to get account Audited - Determination of turnover of the Business and Profession - AO invoked the provisions of section 44AB - assessee’s accounts are not audited despite the eligible turnover of professional receipts AND no audit report is submitted - if the assessee is a medical professional or a business woman? - HELD THAT:- It is an undisputed fact that the assessee is a qualified doctor, a Gynecologist and Anesthetist. She runs a nursing home. It is also admitted fact that the assessee attends to the patients and treats them in OPD and others. Therefore, mere running a nursing home/hospital does not convert a medical doctor into a business woman. Running a nursing home by her alone is a part of the medical profession. It is a different way of conducting her medical profession. Further, we find it is not the case of the assessee that she received salary from a hospital and there is no service agreement to support such an arrangement. Therefore, on this limited issue, we are of the considered opinion that the assessee is covered by provisions of section 44AA of the Act. Appellant is a Gynecologist and also runs proprietary concern named as Indira Maternity Home. There is no difference between the professional receipt of an individual and professional receipt of her proprietary concern as basically she is a professional. Therefore, it cannot be said that receipt of the appellant was in the nature of business receipt. Appellant is a professional who is running a proprietary concern and therefore receipt of the proprietary concern is also a professional receipt. Accordingly no merit in the submission of the appellant and penalty levied under Section 271B is upheld. It is self-explanatory and the order of the CIT(A) is fair and reasonable on this issue and it does not call for any interference. Accordingly, the ground raised by the assessee is dismissed.
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