Section 44AB, 145, 271B of Income Tax Act, 1961—Penalty u/s 271B— In the instant case, the only issue which is to be decided is that whether the CIT(A) as justified in confirming the penalty imposed by the AO u/s 271B.

Held that— the AO himself recorded that no books were maintained by the assessee and penalty u/s 271B of the Act is to be imposed when any person fails to get his accounts audited. Admittedly there is no dispute that no books were maintained by the assessee and as rightly argued by the assessee getting the same audited does not arise at all.

Therefore, we find force in the arguments of Ld.AR and taking the support from the decision of Hon’ble High Court of Allahabad in the case of CIT vs Bisauli Tractors [2008] 299 ITR 219 (All.).we set aside the order of CIT(A) and cancel the penalty imposed by the AO u/s 271B of the Act.[SOMNATH GHOSH VERSUS ITO, WARD-47 (1) , 3, KOLKATA] [2019] 11 ITCD Online (22) [ ITAT KOLKATA]