Sanghamitra Pattnaik. (Smt.) v. ITO (2020) 184 ITD 647 / 206 TTJ 35 (UR) / 79 ITR 46 (SN) (Cuttack)(Trib.)

S. 271A : Penalty-Failure to keep maintain-Retain books of accounts-Documents-Income exceeded prescribed limit-Levy of penalty is up held. [S. 44AA]

Assessee was deriving income from sale of IMFL.  During course of assessment proceedings, assessee was asked to produce books of account as per provisions of section 44AA for completing assessment. Since assessee failed to produce required books of account, Assessing Officer computed profits at rate of 4 percent of total turnover.  He also imposed penalty under section 271A for not complying with provisions of section 44AA of the Act. Tribunal held that  it is duty of assessee to maintain books of account as per provisions of section 44AA if his/her income exceeds prescribed limit. since assessee failed to do so, impugned order levying penalty was to be upheld. (AY. 2013-14)