2015 (1) TMI 1222 - AT - Income Tax

Penalty u/s 271(D) - CIT(A) deleted the penalty - Held that - The issue is squarely covered by the judgement of jurisdictional High Court in the case of IP India (2011 (11) TMI 252 - DELHI HIGH COURT ) wherein it was held that receipt of share application money in cash is beyond the scope of provision contained in Section 269SS read with section 271D of the Act. We therefore confirm the order of the ld CIT(A) - Decided in favour of assessee.

Summary

Issues:
Deletion of penalty u/s 271(D) of the Income Tax Act, 1961 for receiving share application money in cash exceeding the limit set by section 269SS.

Analysis:
The appeal before the Appellate Tribunal ITAT DELHI concerned the deletion of a penalty imposed under section 271(D) of the Income Tax Act, 1961, for receiving share application money in cash exceeding the prescribed limit. The ld CIT(A) had deleted the penalty based on the judgment of the jurisdictional High Court in a similar case. The Tribunal noted that the distinction between a loan and a deposit is crucial, emphasizing that share application monies pending allotment of shares do not amount to a loan or deposit. The Tribunal criticized the AO and Additional CIT for not examining this aspect before imposing the penalty, highlighting the misplacement of reliance on a previous judgment. The Tribunal cited relevant case laws to support its decision, ultimately concluding that the share application money received did not fall under the purview of section 269SS, and therefore, no penalty under section 271D could be imposed.

The Tribunal further analyzed the specific amounts of share application money received on different dates and the subsequent allotment of shares. It clarified that the aggregate amount of loan or deposit under section 269SS should be considered, and in this case, due to the treatment of sums as share application money, the aggregate amount was nil. The Tribunal emphasized that share application moneys were outside the scope of section 269SS, thereby justifying the deletion of the penalty imposed under section 271D.

The Tribunal relied heavily on the judgment of the jurisdictional High Court in a similar case involving the receipt of share application money in cash. It reiterated that such receipts were beyond the provisions of section 269SS read with section 271D of the Act. Consequently, the Tribunal confirmed the decision of the ld CIT(A) to delete the penalty and dismissed the appeal raised by the Revenue. The final order was pronounced in open court on a specified date.