Business of real estate. Not maintained books of account. The AO has estimated the income at 4 per cent of gross profit. The AO levied the penalty u/s 271B of the Act. CIT(A) affirmed the penalty. On appeal the Tribunal held that the  assessee did not maintain books of account, no question for producing books of account before tax authority would arise and as assessee had violated section 44AA, penalty could be levied under section 271A and not under section 271B for not getting books of account audited. Penalty imposed by Assessing Officer under section 271B is deleted. (AY. 2013-14, 2014-15)