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2019 (1) TMI 1643 - AT - Income TaxPenalty u/s.271D 271E - violation of Section 269SS and section 269T by accepting and repayment loan otherwise than by account payee cheque respectively - HELD THAT - Predominantly the assessee had utilized the cash loan through the banking system, we are of the considered view that assessee is entitled to relief U/s.273B of the Act for having established reasonable cause for entering into cash transactions. We hereby set aside the Orders of the Ld.CIT(A) and direct the Ld.JCIT to delete the penalty levied U/s.271D 271E of the Act in the case of the assessee for all the relevant assessment years since the details of cash disbursement submitted by the Ld.AR before us which is extracted herein above is not disputed before us. Further it is pertinent to mention that in the decisions relied by the Ld.DR, the assessee has not established any reasonable cause for entering into cash transactions and further the assessee had not exposed the loan obtained by cash into the banking system and therefore the ratio laid by the decisions as relied are not applicable to these relevant cases before us. - Decided in favour of assessee.
Issues Involved:
1. Penalty under Section 271D for violation of Section 269SS by accepting loans in cash. 2. Penalty under Section 271E for violation of Section 269T by repaying loans in cash. Detailed Analysis: 1. Penalty under Section 271D for violation of Section 269SS by accepting loans in cash: The crux of the issue is that the learned Commissioner of Income Tax (Appeals) [CIT(A)] confirmed the penalty levied by the Joint Commissioner of Income Tax (JCIT) under Section 271D for the violation of Section 269SS. The assessee accepted loans in cash rather than through an account payee cheque. The survey under Section 133A revealed that the assessee obtained and repaid loans in cash from a money lender. The assessee argued that the cash loans were due to business exigency and financial crunch, which the JCIT rejected, leading to the penalty under Section 271D. 2. Penalty under Section 271E for violation of Section 269T by repaying loans in cash: Similarly, the CIT(A) confirmed the penalty levied by the JCIT under Section 271E for the violation of Section 269T. The assessee repaid loans in cash rather than through an account payee cheque. The assessee reiterated that the cash transactions were due to urgent business needs and financial constraints, which were again rejected by the JCIT, leading to the penalty under Section 271E. Analysis and Judgment: Facts and Arguments: - The survey revealed that the assessee engaged in cash transactions for loans with a money lender. - The assessee argued that due to urgent business needs and financial constraints, he had to resort to cash transactions. - The entire amount of the loan obtained in cash was deposited into the assessee's bank account and subsequently disbursed through cheques to meet business expenses. - The Revenue did not dispute these facts. Legal Precedents and Reasoning: - The Tribunal noted that the provisions of Sections 269SS, 269T, 271D, and 271E were enacted to curb black money. - In this case, the assessee did not generate or hide black money, as the entire loan transaction was exposed through banking channels. - Citing the case of CIT vs. Kundrathur Finance And Chit Co., the Tribunal emphasized that penalties could be waived under Section 273B if there was a genuine and bona fide transaction due to constraints. - The Tribunal also referred to the Supreme Court's observation in Kum A.B. Shanthi and Chamundi Granites Pvt. Ltd. vs. DCIT, which highlighted that penalties should not be imposed if there was a genuine and bona fide reason for not using an account payee cheque. - The Tribunal referenced the Gauhati High Court's decision in CIT vs. Bhagwati Prasad Bajoria HUF, which justified the deletion of penalties when transactions were genuine and not sham to cover unaccounted money. - The Tribunal noted that the assessee was in significant financial distress and had no option but to borrow cash urgently to keep the business afloat. Conclusion: - The Tribunal concluded that the assessee was entitled to relief under Section 273B for having established a reasonable cause for entering into cash transactions. - The Tribunal set aside the orders of the CIT(A) and directed the JCIT to delete the penalties levied under Sections 271D and 271E for all relevant assessment years. - The Tribunal distinguished the facts of this case from those cited by the Department Representative, noting that in the cited cases, the assessees did not establish reasonable cause or expose the loan transactions through the banking system. Result: - All appeals of the assessee were allowed. - The order was pronounced on January 28, 2019, in Chennai.
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