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    <title>2006 (5) TMI 138 - ITAT HYDERABAD-B</title>
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    <description>The Tribunal determined that the operation of a nursing home constituted business activities rather than a profession under the Income-tax Act. As the total receipts were below Rs. 40 lakhs, audit requirements under section 44AB did not apply. Additionally, penalties under section 271B for not auditing accounts were deemed unjustified due to the assessee&#039;s genuine belief in the nature of their activities and subsequent compliance with auditing. Therefore, the penalties for the assessment years 1998-99 and 1999-2000 were canceled, and both appeals of the assessee were successful.</description>
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      <link>https://www.taxtmi.com/caselaws?id=66814</link>
      <description>The Tribunal determined that the operation of a nursing home constituted business activities rather than a profession under the Income-tax Act. As the total receipts were below Rs. 40 lakhs, audit requirements under section 44AB did not apply. Additionally, penalties under section 271B for not auditing accounts were deemed unjustified due to the assessee&#039;s genuine belief in the nature of their activities and subsequent compliance with auditing. Therefore, the penalties for the assessment years 1998-99 and 1999-2000 were canceled, and both appeals of the assessee were successful.</description>
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