Section 44AB of the Income Tax Act

Income-tax Act, 2025: s.63

Section 44AB of the Income-tax Act, 1961 corresponds to section 63 (Tax Audit) of the Income-tax Act, 2025.

Read section 63 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 44AB is Ashok Pai v. CIT (292 ITR 11), cited in 812 of the 2,486 judgments on BharatTax that turn on this section.

Leading authorities on Section 44AB

Ashok Pai v. CIT
292 ITR 11 · 2007 · Supreme Court
812
citing judgments

“Concealment of particulars of income” and “furnishing inaccurate particulars of income” are two distinct offences under Section 271(1)(c) of the Income Tax Act. A penalty cannot be levied under one limb if the show cause notice or basis for penalty specifies the other, as this constitutes a complete variance in the reasons for assuming jurisdiction.

MALPE VISHWANATH ACHARYA AND OTHERS v. STATE OF MAHARASHTRA AND ANOTHER. 365 32
9 SCC 1 · 2018 · Supreme Court
533
citing judgments
Saurashtra Cement and Chemical Industries Ltd. v. CIT
213 ITR 523 · 1995 · High Court
311
citing judgments

Expenditure is deductible in the year it is determined and crystallised as a liability, even if it relates to a transaction of an earlier year, provided accounts are maintained on a mercantile basis.

CIT v. Vijay M. Mistry Construction Ltd.
355 ITR 498 · 2013 · High Court
252
citing judgments

In cases of alleged bogus or hawala purchases where the existence of transactions is not entirely denied, only the profit element embedded in such purchases, and not the entire purchase price, can be added to the assessee's income. The focus is on determining a reasonable profit percentage for such additions.

Mahindra and Mahindra Ltd. v. DCIT
30 SOT 374 · 2009 · ITAT
201
citing judgments

The Commissioner of Income Tax (Appeals) cannot expand the scope of an assessment or improve the Assessing Officer's case in a manner that usurps the revisional power of the Commissioner of Income Tax under Section 263 of the Income-tax Act.

Chandra Kishore Jha v. Mahavir Prasad
8 SCC 266 · 1999 · Supreme Court
163
citing judgments

If a statute or law prescribes that a thing must be done in a particular manner, then it must be done in that manner alone and in no other way. This principle mandates strict adherence to statutory procedures.

CIT v. Contimeters Electricals (P.) Ltd.
317 ITR 249 · 2009 · High Court
140
citing judgments

The requirement to file an audit report along with the return of income under section 80-IA(7) and similar provisions is directory, not mandatory. Such a report suffices if filed at any time before the assessment is framed.

Vijay Trading Co. v. ITO
388 ITR 377 · 2016 · High Court
119
citing judgments

When purchases are found bogus, only the profit element embedded therein, and not the entire purchase value, can be added to the assessee's income.

CIT v. Berger Paints (India) Ltd.
254 ITR 503 · 2002 · High Court
118
citing judgments

A deduction claimed under Section 80-IB (or 80-IA) cannot be denied solely on the ground of non-filing or delayed filing of the audit report in Form 10CCB, as such procedural requirements can be treated as directory, and delays may be condoned.

Surajmal Parsuram Todi v. CIT
222 ITR 691 · 1996 · High Court
114
citing judgments

A penalty under Section 271B for failure to get accounts audited cannot be levied if a penalty under Section 271A has already been imposed for non-maintenance of books of account.

Judgments on Section 44AB

Rankup Footwear Industries Pvt. Ltd., Kolkata vs. I.T.O., Ward - 11(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 427/KOL/2022[2017-2018]Status: DisposedITAT Kolkata16 Mar 2023AY 2017-2018

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.427/Kol/2022 Assessment Year: 2017-18 Rankup Footwear Industries Pvt. Ltd...…..........…..................….…… Appellant 10, Chowbagha Road, Near 42A Bus Stand, West Bengal-700039. [Pan:Aagcr0763G] Vs. Ito, Ward-11(1), Kolkata...…..………....……........…...…...…..…..... Respondent Appearances By: Shri Saumitra Choudhury, Advocate, Appeared On Behalf Of The Appellant. Shri Vivek Verma, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 17, 2023 Date Of Pronouncing The Order : March 16, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.06.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Manufacturing & Trading Of Footwear. The Assessing Officer During The Assessment Proceedings Noted That The Assessee Had Shown Huge Cash Sales In The Month Of October 2016 I.E. During The Demonetisation Period & Deposited The Cash Amount In His Bank Accounts. The Assessing Officer Was Of The View That The Aforesaid Cash Deposit Was Unaccounted Income Of The Assessee.

Section 250Section 44A

Jigneshbhai Rasikbhai Savalia, Surat vs. Income Tax Officer, Ward - 1(2)(2), Surat

In the result, the appeal of assessee is allowed

ITA 133/SRT/2023[2015-16]Status: DisposedITAT Surat09 Mar 2023AY 2015-16

Bench: Shri Pawan Singhआ.अ.सं./Ita No.133/Srt/2023 (Ay 2015-16) (Hearing In Virtual Court) Jigneshbhai Rasikbhai Savalia, Income Tax Officer, Ward B/1 Bombay Market, No.1(2)(2), Aayakar Vs Umarwada, Surat-395003 Bhavan, Majura Gate, Pan No: Aobps 3537 D Surat-395001 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Sapnesh R Sheth, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr Date Of Filing Appeal 21.02.2023 सुनवाई की तारीख/Date Of Hearing 09.03.2023 उ"घोषणा क" तार"ख/Date Of 09.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld. Cit(A)”] Dated 18.01.2023 For Assessment Year 2015-16, Which In Turn Arises Out Against The Penalty Levied By Assessing Officer/ Income Tax Officer Ward-1(2)(2) Surat, Under Section 271B Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 27.02.2018. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts Of The Case As Well As Law On The Subject, The Learned Commissioner Of Income-Tax (Appeals), Has Erred In Confirming The Action Of Assessing Officer In Imposing Penalty Of Rs.69,210/- U/S 271B Of The I.T.Act, 1961. Jigneshbhai R. Savalia 2. It Is Therefore Prayed That Penalty Imposed By Assessing Officer & Confirmed By Commissioner Of Income-Tax (Appeals) May Please Be Deleted. 4. The Appellant Craves Leave To Add, Alter Or Delete Any Ground(S) Either Before Or In The Course Of Hearing Of The Appeal.”

Section 139(1)Section 143(3)Section 254(1)Section 271BSection 44A

Rajesh Kumar Gupta, New Delhi vs. ITO, Ward- 42(4), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 4684/DEL/2018[2014-15]Status: DisposedITAT Delhi07 Mar 2023AY 2014-15

Bench: Shri C.M. Gargassessment Year: 2014-15 Rajesh Kumar Gupta, Vs. Ito, C-1/11, Garg Niwas, Ward-42(4), Upper Ground Floor, New Delhi. West Enclave, Pitampura, New Delhi – 110 034. Pan: Aeipg1451K (Appellant) (Respondent) Assessee By : Shri Gurjeet Singh, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 13.12.2022 Date Of Pronouncement : 07.03.2023 Order This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A)-14, New Delhi, Relating To Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. Because The Action Is Being Challenged On Facts & Law, For Upholding The Addition Of Rs. 12,98,000/- On Account Of Cash Deposit In Saving Bank Account Treating The Same As Undisclosed Income. 2. Because The Action Is Being Challenged On Facts & Law, For Upholding The Addition Of Rs. 3,00,000/- Treating Gift Received By Assessee From His Mother & Utilized By Him For Tour & Travelling Expenses As Undisclosed Income. 3. Because The Action Is Being Challenged On Facts & Law, For Upholding The Addition Of Rs. 3,15,000/- Treating Rent Received From M/S Vm Rubber Industries As Undisclosed Income Whereas Per Assessee Tds Thereon Has Been Wrongly Deducted By The Tenant U/S 194J Instead Of 1941 While Filing Its Tds Return. Prayer For Any Consequential Relief And/Or Legal Claim Arising Out Of This Appeal & For Any Addition, Deletion, Amendment & Modification In The Grounds Of Appeal Before The Disposal Of The Same In The Interest Of Substantial Justice To The Assessee.”

For Appellant: Shri Gurjeet Singh, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 194JSection 44A

Anunoy Mukherjee, Durgapur vs. I.T.O., Ward-1(4), Durgapur

In the result, appeal of the assessee is allowed

ITA 555/KOL/2022[2017-2018]Status: DisposedITAT Kolkata23 Feb 2023AY 2017-2018

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 555/Kol/2022 Assessment Year: 2017-18 Anunoy Mukherjee Income Tax Officer, Ward-1 Vs (4), Durgapur Near Hdfc Bank Bamunara Kanksa Durgapur - 713212 [Pan : Cydpm3295A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vishal Kr. Agrawal, C.A. & Shri Rohitash Gupta, C.A. Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तार"ख/Date Of Hearing : 16/02/2023 घोषणा क" तार"ख /Date Of Pronouncement: 23/02/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dated 21/07/2022, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Year 2017-18. 2. The Registry Has Pointed Out That There Is A Delay Of One (1) Day In Filing Of This Appeal In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing The Appeal In Time Before The Tribunal. Hence, The Delay Is Condoned & The Appeal Is Admitted. 3. The Only Issue That Arises For Our Consideration Is Whether The Ld. Cit(A) Was Justified In Confirming The Penalty U/S 271B Of The Act At Rs.1,36,214/-, Levied For Not Getting The Books Of Account Audited U/S 44Ab Of The Act.

For Appellant: Shri Vishal Kr. Agrawal, C.A. & ShriFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. D/R
Section 194CSection 250Section 271Section 271ASection 271BSection 271CSection 271DSection 271ESection 271FSection 271G