2015 (2) TMI 245 - AT - Income Tax

Penalty under section 271D - book entries to share application money account - Held that - As seen from the transactions based on the ledger account, an amount of ₹ 12,95,490 was paid for the purpose of salaries and benefits every month and an amount of ₹ 3,41,000 was paid towards deposit and orchestra equipment. Hence, to that extent, it can be concluded that the amounts are advanced for business exigencies of assessee company. Amounts towards share application money during the year were some times returned to the said person and only net amount of outstanding amount at the end of the year was transferred by a journal entry. Considering the nature of the transactions, we are of the opinion that there was a reasonable cause on the part of assessee for obtaining amounts from Mr. K.V. Sreerama Murthy which are subsequently considered as share application money. In view of the provisions of section 273B of the I.T. Act, there no scope for levy of penalty under section 271D. - Decided in favour of assessee.

Summary

Issues:
Violation of provisions of section 269SS of the I.T. Act - Penalty under section 271D upheld by Ld. CIT(A)

Detailed Analysis:
The appeal was against the penalty imposed under section 271D of the Income Tax Act, amounting to Rs. 14,93,000, confirmed by the Ld. CIT(A)-IV, Hyderabad. The Assessing Officer (A.O.) found that the assessee had accepted loans exceeding Rs. 20,000 in cash from the Managing Director of the company, which was considered a violation of section 269SS. The A.O. issued a notice under section 274 read with section 271 of the I.T. Act. The assessee contended that the amounts received in cash were transferred by book entry to the share application money account due to business needs and should not be considered as loans. However, the A.O. did not accept this explanation and levied the penalty.

The Ld. CIT(A) upheld the penalty, stating that the cash received was intended to be repaid by the end of the year, thus constituting a loan or deposit. The Ld. CIT(A) rejected the contention that the cash was taken for urgent business needs, as the amounts were received on a regular basis. It was noted that the loans were taken from the Managing Director in cash, despite the possibility of using account payee cheques or bank drafts. The penalty was upheld due to the conscious and continuous default of accepting cash loans.

The assessee argued that the transactions were genuine and cited precedents to support their case. The ledger account showed regular payments made by the Managing Director for salaries and other expenses, indicating business exigencies. The A.O.'s calculation of the loan amount was questioned, and various specific deposits and payments made by the Managing Director were highlighted. The share application money transferred was clarified to be a net amount after repayments, not a loan. It was argued that there was a reasonable cause for obtaining cash amounts, and hence, no scope for penalty under section 271D.

The Tribunal examined the ledger account details, emphasizing the regular payments made by the Managing Director for business needs. It was concluded that there was a reasonable cause for obtaining the amounts, and the penalty was canceled based on the principles laid down in previous judgments. The appeal of the assessee was allowed, and the penalty was revoked.