2025 (9) TMI 438 - AT - Income Tax

Penalty under s.271A set aside where reliance on ICAI guidance gave reasonable cause for not maintaining F&O books; s.274 applied

Sahil Gupta Versus Dy. Commissioner of Income Tax, Central Circle 58 (1), New Delhi

ITAT (DELHI) allowed the appeal and set aside the penalty under s.271A for failure to maintain books, finding reasonable cause in the assessee's reliance ... Penalty proceedings u/s 271A - Failure to maintain books of accounts stipulated u/s 44AA - Turnover in case turnover in case of Derivatives, futures and options (F&O) trade - Guidance note issued by ICAI - HELD THAT:- As per the penalty order, it is evident that the assessee has filed detailed submission before the AO stating that the F & O turnover has to be determined as per the ICAI guidelines as the Income Tax Act does not contain any provision or guidance for the computation of turnover in F & O trading. The Act does not contain any provision or guidance for the computation of turnover in F & O trading. There is reasonable cause for not maintaining the books of account as the assessee is guided by the ICAI guidelines. We are of the considered view that this reasonable cause for not maintaining the books of account is justified and the penalty levied by the AO, in view of provisions of section 274 of the Act, is uncalled for. Appeal of the assessee is allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether penalty under section 271A for failure to maintain books of account can be levied where the assessee followed ICAI guidance for computation of F&O turnover and thereby had a reasonable cause for not maintaining books as prescribed under section 44AA. 2. Whether the computation of turnover in respect of futures & options and speculation transactions for purposes of determining applicability of tax audit under section 44AB should follow the ICAI Guidance Note (Guidance Note on Tax Audit under Section 44AB, revised 2022 and 2023) and, if so, whether disputed numerical differences in turnover as computed by the AO versus the assessee were determinative for imposition of penalty under section 271A. ISSUE-WISE DETAILED ANALYSIS Issue 1: Levy of penalty under section 271A where assessee relied on ICAI guidance and did not maintain books as per section 44AA Legal framework: Section 44AA prescribes maintenance of books of account for persons carrying on business as specified; section 271A authorises levy of penalty for failure to maintain books as required by section 44AA; statutory scheme permits consideration of 'reasonable cause' in deciding whether to levy penalty (noting the Court's reference to section 274 principles in mitigation of penalty assessment). Precedent Treatment: The Authorities below imposed penalty under section 271A on the basis that books required under section 44AA were not maintained. The Tribunal examined the record for 'reasonable cause.' No authority was relied upon by the Tribunal in the contested order to displace ICAI guidance; the assessee had cited judicial decisions in grounds, but the Tribunal's reasoning relied on factual assessment of reasonable cause rather than on overruling or following specific precedents. Interpretation and reasoning: The Tribunal accepted that the assessee had filed detailed submissions and electronic broker statements and that the assessee computed F&O turnover following ICAI Guidance Note provisions. The Tribunal recognised that the Income Tax Act does not itself prescribe a method for computing turnover in F&O transactions and that the assessee's reliance on the ICAI guidance constituted a legitimate basis for not maintaining books in the form envisaged by section 44AA. On the factual record, the Tribunal found a reasonable cause for non-maintenance of books of account because the assessee adopted the profession-recognised accounting treatment set out in the ICAI Guidance Note and furnished records from the broker and financial statements during proceedings. Ratio vs. Obiter: Ratio - where an assessee, in relation to F&O trading, follows the ICAI Guidance Note for computing turnover and produces supporting electronic records and financial statements, that reliance can constitute a reasonable cause for not maintaining books in the specific prescribed format under section 44AA, thereby precluding imposition of penalty under section 271A. Obiter - procedural references to section 274 (mitigation principles) as applied to the present facts are ancillary to the main ratio. Conclusions: The Tribunal concluded that the penalty of Rs. 25,000 levied under section 271A was uncalled for and deleted the penalty, granting consequential relief to the assessee. The finding is grounded in the existence of reasonable cause arising from adherence to ICAI guidance and production of electronic and financial records. Issue 2: Method of computing turnover for F&O/speculative transactions and its bearing on applicability of tax audit (section 44AB) and penalty Legal framework: Section 44AB prescribes threshold limits for tax audit applicability based on total turnover; the Act itself lacks an express method for computing 'turnover' in derivative transactions; professional guidance (ICAI Guidance Note on Tax Audit under Section 44AB, revised 2022 and 2023) provides a method for determining turnover/gross receipts in derivatives, futures and options (total of favourable and unfavourable differences for squared-off trades; inclusion of option premium subject to duplication caveat; treatment of reverse trades; treatment of open positions to be recognised when squared off; delivery-based settlement rules). Precedent Treatment: The assessee relied on judicial pronouncements (cited in grounds) to support application of ICAI methodology. The Tribunal acknowledged the assessee's reliance on ICAI guidelines but did not undertake a detailed adjudication resolving the numerical dispute between the AO's turnover figure (entire F&O value) and the assessee's computed turnover; instead, the Tribunal framed the ICAI guidance as a legitimate and authoritative method worthy of reliance for determining turnover in derivatives for tax purposes. Interpretation and reasoning: The Tribunal observed that the Income Tax Act does not provide a method for computation of F&O turnover and therefore professional guidance is relevant. It reproduced the key parameters from the 2022 Guidance Note and the 2023 revision, demonstrating the accepted approach for computing turnover of derivative transactions. The Tribunal relied on the fact that the assessee had provided broker statements and accounts prepared on the basis of that guidance. However, the Tribunal's decision to delete the penalty turned on the presence of reasonable cause rather than on a definitive determination that the assessee's turnover computation numerically obviated the applicability of section 44AB or tax audit obligations. Ratio vs. Obiter: Obiter - the Tribunal's restatement of ICAI Guidance provisions as the appropriate method for computing F&O turnover is persuasive but not the operative ratio for deletion of penalty. The operative ratio is that reliance on such guidance and production of supporting electronic records can constitute reasonable cause for non-maintenance of books under section 44AA, thereby negating penalty under section 271A. The Tribunal did not conclusively rule on the AO's alternate numerical computation for turnover; any implication as to which numeric method should prevail is therefore obiter. Conclusions: The Tribunal recognised the ICAI Guidance Note as the appropriate professional standard for computing turnover in derivatives and accepted that the assessee's reliance on this guidance, together with provision of broker statements and financial statements, supported a finding of reasonable cause. The Tribunal did not adjudicate the disputed turnover figures as the decisive basis for penalty; instead, deletion of penalty was affirmed on the ground of reasonable cause stemming from adherence to recognised accounting guidance and availability of electronic records. Cross-reference: The Tribunal's treatment of Issue 1 is premised on its acceptance of Issue 2's premise that ICAI guidance supplies a valid method of determining turnover for F&O transactions. The deletion of penalty rests on reasonable cause arising from adherence to that professional guidance and production of supporting documentation rather than a definitive resolution of the quantitative dispute over turnover numbers.