INCOME TAX

Audit of accounts under section 44AB of the Income-tax Act, 1961--Penalty under section 217B for assessment years 1985-86--Regarding

Circular No. 628

Dated 6/3/1992

The Board had, vide Circular No. 422, dated 19th June, 1985 (see [1985] 155 ITR (St.) 44), decided that the penalty proceedings under section 271B of the Income-tax Act, 1961, for failure to comply with the provisions of section 44AB should not be initiated for assessment year 1985-86, in cases where :

(i) the audit report prescribed under section 44AB read with rule 6G has been obtained by 30th September, 1985; and

(ii) the self-assessment tax under section 140A of the Act has been paid within the normal period prescribed under section 139(1) of the Act for filing return of income.

Subsequently, on receipt of representations, the matter was reconsidered and Circular No. 582, was issued on 23rd October, 1990 (see [1990] 186 ITR (St.) 153), clarifying that no penalty would be imposed for the assessment year 1985-86 under section 271B in cases where the audit report prescribed under section 44AB read with rule 6G had been obtained by 30th September, 1985.

2. The matter has been reconsidered by the Board in consultation with the Ministry of Law and it has been decided to withdraw the Circular No.582, dated 23rd October, 1990 (See [1990] 186 ITR (St.) 153).

(Sd.) Archana Ranjan,

Secretary (ITA.II)

Central Board of Direct Taxes.