MOHD ASLAM,ALLAHABAD vs. ITO-1(3), ALLAHABAD

ITA 23/ALLD/2023Status: DisposedITAT Allahabad04 October 2023AY 2013-144 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and restored the matter to the AO. This was to verify the assessee's claim that a sale of a truck for Rs. 13,82,000/- should not be included in business receipts, which would bring the turnover below the threshold for audit.

What were the facts?

The assessee appealed a penalty imposed under Section 271B for failing to file an audit report. The penalty was confirmed ex-parte by the CIT(A) as the assessee did not respond to notices. The AO levied the penalty because the assessee's business receipts exceeded Rs. 1 crore.

What were the issues?

Whether the sale consideration of a truck should be included in the assessee's business turnover for the purpose of determining the applicability of Section 44AB and consequently Section 271B.

Which sections of the Income-tax Act were involved?

Section 271B,Section 44AB,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ALLAHABAD “SMC”

Before: SHRI ABY T. VARKEY, JM

For Appellant: Shri S. K. Yogeshwar
Hearing: 14/09/2023Pronounced: 04/10/2023

PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. CIT(A)/NFAC, Delhi dated 18.01.2023 for AY. 2013-14 wherein the Ld. CIT(A) has confirmed the penalty order of the AO imposing the penalty u/s 271B of the Income Tax Act, 1961 (hereinafter “the Act”) to the tune of Rs.55,660/-.

2.

At the outset, the Ld. AR of the assessee brought to my notice that the impugned order of the Ld. CIT(A) is an ex-parte order. And the Ld. CIT(A), taking note that the assessee did not file any response to the notices issued, dismissed the appeal ex-parte qua assesse. Further, it has be

The order continues below.

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