Juginder Singh Wadhwa Vs. Assistant Commissioner of Income Tax, Circle 67(1), New Delhi

Parties Involved

Facts Summary

The assessee, Juginder Singh Wadhwa, filed a return of income on 26.08.2017 declaring a total income of Rs.60,48,470/-. The income was declared under the head 'business/profession' and 'other sources'. The case was selected for scrutiny under CASS. The Assessing Officer (AO) passed an assessment order on 23.12.2019 accepting the income as returned. However, the AO noted that the assessee failed to furnish an audit report within the time allowed under Section 44AB of the Income-Tax Act, 1961. Consequently, penalty proceedings were initiated, and a penalty of Rs.1,50,000/- was imposed under Section 271B of the Act on 25.01.2022. The assessee appealed this order before the Commissioner of Income Tax (Appeals) (CIT(A)), which was dismissed on 13.03.2025. Aggrieved by this, the assessee filed the present appeal.…

Legal Issues

• 1. Whether the impugned orders are illegal and against the principles of natural justice.
• 2. Whether Section 44AB is applicable since the assessee did not maintain accounts.
• 3. Whether the observation of the CIT(A) and AO that accounts have been maintained is well founded.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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