2010 (8) TMI 1024 - AT - Income Tax

Summary

Issues involved: Appeals against penalties u/s 271E and 271D for violation of sections 269T and 269SS.

Issue 1 - Penalty u/s 271E for violation of section 269T:
The appellant's appeal was against a penalty of Rs. 1,07,25,500 for repaying a loan through journal entries, deemed a violation of section 269T. The appellant argued that the repayment was not in cash but adjusted through book entries, not violating section 269T. However, the CIT(A) upheld the penalty. The ITAT considered a similar case and ruled in favor of the assessee, stating that penalties were not justified as transactions were between sister-concerns and not for tax evasion purposes. Consequently, the penalty u/s 271E was deemed unwarranted, and the appeal was allowed.

Issue 2 - Penalty u/s 271D for violation of section 269SS:
The appeal was against a penalty for taking a loan through journal entries, violating section 269SS. The CIT(A) confirmed the penalty based on similar reasons as the section 269T/271E penalty. The appellant cited precedents where penalties were deleted in similar cases, and the Coordinate Bench ruled in favor of the assessee, deleting the penalties u/s 271D and 271E. As the issues and facts were similar, the penalties were deleted following the decisions of the Coordinate Bench. Consequently, both penalties were canceled, and the appeals were allowed.