Tag: penalty u/s 271D

No penalty u/s 271E or 271D can be levied without satisfaction recorded in the assessment order for initiating the penalty proceedings – High Court In a recent judgment, High Court of Rajasthan quashed notice issued under Section 271E and the proceedings thereto as no satisfaction was recorded by …

Refund of advance amount on cancellation of agreement for purchase of property does not partake the character of loan or deposit or any specified sum as provided u/s 269SS – ITAT In a recent judgment, ITAT Hyderabad deleted penalty u/s 271D holding that refund of advance amount on …

Penalty u/s 271D can’t be imposed unless AO recorded satisfaction in the assessment order that alleged transaction of acceptance of loan would attract penal consequences. In a recent judgment, Hon’ble High Court of Andhra Pradesh has quashed penalty u/s 271D of the Income Tax Act, 1961 (the Act) …

Penalty u/s 271D deleted due to ‘reasonable cause’ as assessee belonged to Schedule Tribe and income earned by him was exempt u/s 10(26) of the Act. In a recent judgment, the ITAT Guwahati deleted penalty u/s 271D for violation of section 269SS observing that there was a ‘reasonable …

Penalty u/s 271D not automatic. AO is required to find out that even if there was any failure, the same was without a reasonable cause. In a recent judgment, the Bangalore ITAT has deleted penalty u/s 271D for violation of provisions of section 269SS observing that Levy of …

No Penalty u/s 271D for cash received before registrar for sale of property – ITAT  In a recent judgment, ITAT Chennai has deleted income tax penalty us/ 271D holding that section 269SS would apply only to advance receivable and the provisions would not apply to transaction that has …

Proceedings u/s 269SS for levy of penalty u/s 271D are independent proceedings- ITAT In a recent judgment, the ITAT Cuttack has held that proceedings u/s 269SS for levy of penalty u/s 271D are independent proceedings and are not related to assessment proceedings ABCAUS Case Law Citation:ABCAUS 4038 (2024) …

Penalty u/s 271D stayed as assessee denied having received cash loan and matter was pending in Civil Court In a recent judgment, the Hon’ble High Court has stayed penalty order u/s 271D stayed as assessee denied having received cash loan and matter was pending in Civil Court. ABCAUS …

No penalty can be levied if AO failed to record such satisfaction in assessment order. Penalty proceedings would necessarily be initiated in the quantum assessment order itself. In a recent judgment, ITAT has deleted income tax penalty u/s 271D and 271E holding that no penalty can be levied …

Section 269SS not apply to cash receipt of sale consideration of immovable property, it deals only with loan or deposit – ITAT In a recent judgment, ITAT has held that section 269SS of the Act does not deals with the receipt of ‘sale consideration of immovable property’ in …