2020 (5) TMI 350

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....cts include that the assessee is a medical practitioner (Gynecologist and Anesthetist) and running a maternity home under the name and style of "Indira Maternity Home". The assessee filed the return of income declaring total income of Rs. 9,19,804/-. At the end of the assessment order u/s 147 r.w.s. 143(3) of the Act, the Assessing Officer assessed the total income of the assessee at Rs. 62,62,196/- after making addition on account of long term capital gain on transfer of development rights of the property. Further, the Assessing Officer noted that the assessee's accounts are not audited despite the eligible turnover of professional receipts. No audit report is submitted. Therefore, the Assessing Officer initiated the penalty proceedings an....

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....ess. Ld. DR argued that the assessee being medical professional failed to maintain books of account which should be maintained by the professional. As per the ld. DR, the assessee is a professional and the provisions of section 44AA/44AB of the Act apply to the assessee. It is an admitted fact that the books of accounts of the assessee were audited u/s 44AA of the Act. Ld. DR submitted that assessee's turnover, being Rs. 32,75,261/-, attracts the provisions of section 44AB r.w.s. 271B of the Act. 7. We heard both the sides on this limited issue i.e. if the assessee is a medical professional or a business woman. We also examined the facts surrounding the assessee. It is an undisputed fact that the assessee is a qualified doctor, a Gynecolog....

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....t cannot be said that receipt of the appellant was in the nature of business receipt. The appellant has relied upon the decision of Gujarat High Court in the case of Natwarlal Ambalal Dave vs. CIT (1997) 225 ITR 0936. In this case, it is seen that the facts of the case are different as in that case, the issue was regarding clubbing of income in case of professional couple carrying out profession in their capacity as professionals. Therefore, the appellant cannot rely on the decision of Hon'ble Gujarat High court in her support. The appellant has also relied upon the decision of Hon'ble Hyderabad ITAT in the case of Shalini Hospitals vs ACIT. In this case, it is seen that facts are not identical in the sense that the nursing home was run....