Income Tax

Cash loan from father to son for financial support not covered u/s 269SS. Repayment also not covered u/s 269T – Tribunal

Cash loan from father to son for financial support not covered u/s 269SS. Repayment also not covered u/s 269T-Tribunal deletes penalty u/s 271D and 271E

ABCAUS Case Law Citation:
ABCAUS 2387 (2018) 06 ITAT

Important Case Laws Cited/relied upon by the parties:
Anant Himatsingk vs Addl. Commissioner of Income-tax,
CIT vs. Maa Khodiyar Construction

The instant appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals) on confirming the levy of penalty under section 271-D and 271-E of the Income Tax Act, 1961 (the Act) for alleged violation of provisions under Section 269-SS and 269-T of the Act which prohibit certain cash transactions received and paid in cash.

The assessee took a loan of Rs. 1,00,000/- in cash from his father to pay for a land which was paid on the very next day. The assessee had in urgent need of money and therefore, the said amount was borrowed from his father as a financial support.

According to the assessee, since there was reasonable cause for taking such amount, he was not under obligation to repay though later he returned the said amount to his father from the surplus cash, therefore, provisions of section 269 SS and 269 T were not attracted.

However, the AO did not consider the submission made by the assessee in the penalty proceeding u/s 271D of the Act. He held that there was a violation of the provisions of section 269-SS and section 269-T warranting levy of penalty. Accordingly, he imposed penalty of Rs. 1 lakh each u/s 271-D and 271-E of the Act separately.

The assessee appealed to CIT(A) and contended that the cash was received from his father who was always under an obligation to help his son in need without any contra obligation on part of his son. Therefore, it was proved that there was reasonable cause for the said failure. The assessee was in urgent need of money to make payment which resulted in huge profit in the subsequent period.

The CIT(A) observed that the assessee was not able to show of being prevented by any reasonable cause in not accepting the advance through account payee cheque or bank draft and there was no contention to that effect. Therefore, he held that the assessee was not able to establish any genuine and reasonable cause for violation of the relevant provisions of the Act. Accordingly, the appeal was dismissed.

The Tribunal observed that the bonafide and/or the genuineness of the transactions had not been question by the lower authorities while imposing penalty. Identity of the father had also been well established which was accepted by the authorities. The amount was borrowed from the father of the assessee and was repaid subsequently.

The Tribunal opined that once the finding as to the genuineness of the transactions was arrived at by the authorities, it was not proper for them to impose penalty. Neither there was any finding that the assessee intended to evade tax.

The Tribunal noted that in a similar case, the ITAT Kolkata had observed that the transaction between son in law and father in law for giving financial support and help, in law was not a loan or deposit in stricter sense of section 269SS of the Act when there was no allegation that the father in law of assessee had charged any interest on the above loan.

The Tribunal also observed that the Hon’ble Gujarat High Court had held that the requirement of Section 273B is for the assessee to prove that there was a reasonable cause for its having failed to abide by the provisions of Section 269SS. The Hon’ble High Court upheld the deletion of the penalty when the assessee had given satisfactory reason for taking such loan.

Following the ratio laid down in the said judements, the Tribunal deleted the order of penalty passed u/s 271D & 271E of the Act

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

7 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

3 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago