In the result, the appeal is partly allowed
Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra
271A can be taken. Further in the case of Commissioner of Income-tax vs. S.K. Gupta and Co. [2010] 322 ITR 86 (Allahabad), it has been held that requirement of getting books of account audited could arise only where books of account are maintained. If for some reason the assessee had not maintained books of account, penalty could