2022 (3) TMI 1028

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....ow erred in facts and circumstances of the case and in law in levying penalty of Rs. 25000/- u/s 271A when the assessee has maintained proper books of accounts. Just and proper relief be granted to the assessee in this respect. 2) The appellant prays to be allowed to add, amend, modify, rectify, delete, raise any ground of appeal before or at the time of hearing." 2. Brief facts of the case, as emanating from the order of the Ld.CIT(A), are that the assessee is a Doctor by a profession. The professional receipts of the assessee during the year was of Rs. 15,39,837/-. As per provisions of section 44AA of the Act, the appellant was required to maintain books of accounts as mentioned in the Income Tax Rules 6F. During the assessmen....

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.... However, no such document has been attached with the reply. In this background, the contention of the appellant that he was maintaining books of accounts cannot be accepted. Accordingly, the penalty of Rs. 25,000/- levied by the AO u/s.271A is upheld. Ground No.2 is dismissed." 3. Being aggrieved with the order of the ld.CIT(A), the assessee filed appeal before this Tribunal. The ld.Authorised Representative(ld.AR) submitted that the appellant has been maintaining cash book and petty cash bookwhich were submitted before the AO. 3.1 The Income Tax Rule 6F is reproduced as under: 6F. (1) Every person carrying on legal, medical, engineering or architectural profession or the profession of accountancy or technical consultancy or....

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....chers shall not apply in a case where the cash book maintained by the person contains adequate particulars in respect of the expenditure incurred by him.] (3) A person carrying on medical profession shall, in addition to the books of account and other documents specified in sub-rule (2), keep and maintain the following, namely :- (i) a daily case register in Form No. 3C; (ii) an inventory [under broad heads,] as on the first and the last day of the previous year, of the stock of drugs, medicines and other consumable accessories used for the purpose of his profession. 4. The ld.Departmental Representative (ld.DR) for the Revenue relied upon the order of ld.CIT(A) and order passed by the AO. 5. As per Income T....