2013 (7) TMI 1148

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....ertaking mainly government contract works. However, he did not maintain any books of accounts and hence he did not file audit report as per the provisions of sec.44AB of the Act. The Ld. Counsel further submitted that the CBDT has not prescribed any books of accounts in respect of civil contract business and hence, the assessee cannot be blamed for not maintaining books of accounts. He further submitted that the assessee did not get the audit report, since he did not maintain any books of accounts. The Ld Counsel submitted that the assessee did not get audit report for identical reasons in assessment year 2008-09 and hence that the Assessing Officer levied penalty u/s. 271B of the Act for that year also. The Ld CIT(A) confirmed the penalty,....

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....gislature expects even a civil contractor to maintain the books of account. 5. In exercise of the executive powers and while framing rule 6F of Income-tax Rules, the executive authorities prescribed the books of account in respect of professionals in Rule 6F(1) of the Act. We find that there is an obvious omission in respect of civil contractor in Rule 6F(1) of the I.T. Rules. This Tribunal is of the considered opinion that it is an unintended omission on the part of the executive authorities in not including the business of civil contract and other business in Rule 6F(1). When the Parliament in its wisdom expects every person carrying on business including civil contract, this Tribunal is of the considered opinion that the executive aut....