Penalty for Late Audit Not Applicable: No Books Maintained, Tribunal Rules in Favor of Appellant.

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....Penalty levied u/s 271B - not getting accounts Audited within the due date specified u/s 44AB - It was established that the appellant did not maintain the books of accounts within the due date specified u/s 139(1) of the Act, which rendered the question of getting them audited u/s 44AB irrelevant. The Tribunal referred to judgments of various High Courts, including the Guwahati High Court and the Allahabad High Court, which held that if the books of accounts were not maintained at all, the provisions of section 44AB of the Act do not get violated, and hence penalty u/s 271B would not apply.....