9911796707
|
Home
Issues involved: Confirmation of levy of penalty u/s 271B of the I.T. Act based on acceptance of interest-free loans from family members exceeding specified limits.
Summary: The appeal was filed against the CIT(A)'s order confirming the penalty u/s 271B of the I.T. Act due to the acceptance of interest-free loans exceeding limits from family members during scrutiny assessment proceedings. The assessee argued that the loans were not conventional "loans" or "deposits" but adjustments between family members. However, the A.O. imposed a penalty of Rs. 3,00,000, which was upheld by the CIT(A). During the appeal, the assessee cited judgments supporting the view that penalties under sections 271D and 271E should not apply to family transactions due to "reasonable cause" and commercial expediencies. The Departmental Representative (D.R.) relied on the CIT(A)'s order. After considering the submissions and relevant judgments, it was found that the loans were taken without interest to clear obligations to external parties. Citing the Punjab & Haryana High Court's ruling in CIT Vs. Sunil Kumar Goel, it was established that family transactions with no tax implications constitute "reasonable cause" under section 273B, exempting them from penalties under sections 271D and 271E. Additionally, the Tribunal's decisions in other cases emphasized that penalties should not be imposed for technical defaults in family transactions aimed at business exigencies. The intention behind sections 269SS and 269T was to combat black money transactions, not minor breaches. As the Revenue failed to disprove the assessees' claims, the penalty under section 271D was deemed improper, leading to the reversal of the CIT(A)'s order and the deletion of the penalty. In conclusion, the appeal of the assessee was allowed, and the penalty was revoked based on the principles outlined in the judgments referenced during the proceedings.
|
