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    <title>Appeal allowed: Penalty under s.271B set aside as s.44AB audit requirement held inapplicable due to mutuality</title>
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    <description>ITAT allowed the appeal, set aside the penalty under s.271B and held the requirement to furnish an audit report under s.44AB inapplicable. The Tribunal found the assessee&#039;s activities constituted mutuality: all transactions were exclusively with members, reported under GST, and the AO had accepted returned income on that basis, establishing absence of &quot;business or profession&quot; income. Consequently s.44AB&#039;s audit mandate did not apply and penalty for non-compliance with that provision could not be sustained. The CIT(A)&#039;s confirmation of the levy was overturned. The decision expressly rejects characterization of the transactions as business dealings and restores relief to the assessee.</description>
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    <pubDate>Fri, 07 Nov 2025 08:37:28 +0530</pubDate>
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      <title>Appeal allowed: Penalty under s.271B set aside as s.44AB audit requirement held inapplicable due to mutuality</title>
      <link>https://www.taxtmi.com/highlights?id=93950</link>
      <description>ITAT allowed the appeal, set aside the penalty under s.271B and held the requirement to furnish an audit report under s.44AB inapplicable. The Tribunal found the assessee&#039;s activities constituted mutuality: all transactions were exclusively with members, reported under GST, and the AO had accepted returned income on that basis, establishing absence of &quot;business or profession&quot; income. Consequently s.44AB&#039;s audit mandate did not apply and penalty for non-compliance with that provision could not be sustained. The CIT(A)&#039;s confirmation of the levy was overturned. The decision expressly rejects characterization of the transactions as business dealings and restores relief to the assessee.</description>
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      <pubDate>Fri, 07 Nov 2025 08:37:28 +0530</pubDate>
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