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TMI Blog2024 (2) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... e captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax (Appeals), Jamnagar [Ld. CIT(A) in short] dated 16/05/2018 arising in the matter of penalty order passed under s. 271B of the Income Tax Act, 1961 (hereinafter referred to as "the Act") dated 29/06/2017 relevant to the Assessment Years (A.Y.) 2009-10. 2. The effective issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irmed the order of the AO. Being aggrieved by the order of the learned CIT-A, the assessee is in appeal before us. 6. The learned AR before us submitted that the assessee is a commission agent and therefore the amount of commission earned by him should be construed as turnover of the business which is an amount of Rs. 3,46,985/- only. 7. On the other hand the learned DR vehemently supported the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant section is reproduced as under:- "[Penalty not to be imposed in certain cases. 273B. Notwithstanding anything contained in the provisions of [clause (b) of sub-section (1) of] [section 271, section 271A, [section 271AA,] section 271B [, section 271BA], [section 271BB,] section 271C, [section 271CA,] section 271D, section 271E, [section 271F, [section 271FA,] [section 271FB,] [section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the assessee inadvertently. Thus we hold that, there cannot be penalty under section 44 AB of the Act. Accordingly, we direct the Assessing Officer to delete the penalty levied u/s 271B of the Act. Hence, this ground of appeal of the assessee is allowed.
9. In the result the appeal of the assessee is allowed.
This Order pronounced in Open Court on 28/02/2020. X X X X Extracts X X X X X X X X Extracts X X X X
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