2011 (2) TMI 1407 - AT - Income Tax

Summary

Issues involved: Appeal against cancellation of penalties u/s 271D and u/s 271E of the Income Tax Act, 1961 for the assessment year 2004-05.

ITA 1172/Mds/2010: The Revenue appealed against the cancellation of penalty u/s 271D. The assessee had borrowed cash loans exceeding prescribed limits, claiming business exigency for taking and repaying the loans. The CIT(A) cancelled the penalty citing lack of proof of business exigency. The authorized representative argued the loans were used to settle overdrafts and trade creditors, supported by account copies. The Tribunal upheld the CIT(A)'s decision, emphasizing the assessee's reasonable cause for the transactions and lack of evidence disproving business exigency.

C.O. No. 84/Mds/2010: The assessee's cross objection supported the CIT(A)'s order, which was upheld by the Tribunal, resulting in the dismissal of the cross objection.

ITA No. 2024/Mds/2010: The Revenue challenged the cancellation of penalty u/s 271E for cash repayment of loans. The Tribunal found the reasons provided by the assessee for cash transactions valid, supported by account copies. The Tribunal confirmed the CIT(A)'s decision based on the assessee's genuine reasons and cited a relevant High Court case in support. Consequently, the appeal by the Revenue was dismissed.

In conclusion, the appeals by the Revenue against the cancellation of penalties u/s 271D and u/s 271E, along with the cross objection by the assessee, were all dismissed by the Tribunal on 04/02/2011.