banner_ad

Section 271 b for audit under 44ad

Tax queries 389 views 2 replies

WHETHER SECTION 271 B PENALTY IS APPLICABLE TO AUDITS UNDER 44 AD

Replies (2)

Yes.......... Once tax audit applicable, section 44AB is to be followed.

In my opinion it will apply. Let's understand why:

The law lays down levy of penalty in two circumstances i.e. 

  • for failure to get his account audited; or
  • for furnish a report of such audit as required under section 44AB of the Act.

Let's understand what section 44AB requires:

Audit of accounts of certain persons carrying on business or profession.

44AB. 32Every person,—

 (a) carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds one crore rupees in any previous year ; or

 (b) carrying on profession shall, if his gross receipts in profession exceed [fifty] lakh rupees in any previous year; or

 (c) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AE or section 44BB or section 44BBB, as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case may be, in any previous year; or

 (d) carrying on the 34[profession] shall, if the profits and gains from the 34[profession] are deemed to be the profits and gains of such person under 35[section 44ADA] and he has claimed such income to be lower than the profits and gains so deemed to be the profits and gains of his 34[profession] and his income exceeds the maximum amount which is not chargeable to income-tax in any 36[previous year; or]

37[(e) carrying on the business shall, if the provisions of sub-section (4) of section 44AD are applicable in his case and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year,]

Thus it can be said that 44AB, also covers cases where Audit is required under section 44AD. Therefore, penalty u/s 271B shall apply.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
21 May 2026
Associate

PWC

Kolkata

CA

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
19 May 2026
Accountant

ca kunjan

Mumbai

CA Inter

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 May 2026
CA Article /Trainee

Malik Sunil & co

New Delhi

CA Foundation

View Details
Company
16 May 2026
Audit clerk

mgirt & co

Bengaluru

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details