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Question ID : 17025

Sec-115JB

Is penalty leviable us-271B for failure to get tax audit us-115JB?

Posted by SOUVIK KR GHOSH on Sep 17, 2013

Filed Under DIRECT TAXES

Answer ID : 47452

My search in the Income-tax Act did not find any provision for levy of penalty for failure to get audit report under section 115JB. The haphazard way the Act has been amended over the years sometimes confers some unintended benefit to the assessee also occasionaly. However, you can not rule out the possibility of somebody in authority proposing retrospective amendment to the provisions if he finds out this omission.

Posted by S Subramanian on Sep 18, 2013
Answer ID : 47454

No audit under Section 44AB of Income Tax Act.

Posted by CA.NILA REJESH on Sep 18, 2013
Answer ID : 47464

If your question relates to form 29B Section 115JB mentions to file form 29B along with return of income. In return of income also mat computation is requred to be reported for arriving higher of tax comparing with normal tax. It is always good to have accountants report in form 29B before filing return of income.

Posted by CA. HUKKERI SUNIL CHANDRAKANT on Sep 18, 2013
Answer ID : 47483

Sec 271B is for penalty for failure to get audit under Sec 44AB only

Posted by MAHESH TANUKU on Sep 18, 2013
Answer ID : 47487

It need not be added back as IT Act has application so far as adjustments are concerned.

Posted by SIVADAS CHETTOOR on Sep 18, 2013
Answer ID : 47495

It need not be added back as IT Act has no application so far as disallowances are concerned.

Posted by SIVADAS CHETTOOR on Sep 19, 2013
Answer ID : 47505

Not found any section in income tax which says for imposing penalty for failure or late filing of form 29B.

Posted by CA. HUKKERI SUNIL CHANDRAKANT on Sep 19, 2013
Answer ID : 47572

Sec 271B is only for penalty for failure to get audit under Sec 44AB..

Posted by CA. Pawan Kumar Jain on Sep 21, 2013