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Issues involved: Revenue's appeal against cancellation of penalty u/s 271E of the IT Act, 1961 for asst. yr. 1991-92.
Summary: The Revenue appealed against the cancellation of a penalty imposed u/s 271E of the IT Act, 1961 for the assessment year 1991-92 by the CIT(A). The case involved a show cause notice issued to the assessee regarding payments made to certain individuals, alleging contravention of provisions of s. 269T of the Act. The assessee contended that the payments were not covered by s. 269T as they were not loans or deposits but part of normal business transactions. The Dy. CIT exonerated the assessee in part but levied penalties on certain payments. However, the CIT(A) cancelled the penalty based on the nature of the transactions and the absence of benefit derived by the creditors, citing legal precedents to support the decision. The CIT(A) considered the nature of the transactions and the absence of benefit to the creditors in determining that the amounts in question did not fall within the definition of a deposit under s. 269T. The CIT(A) disagreed with the assessee's claim of a bona fide belief that the payments were not covered by s. 269T. The CIT(A) also rejected the reliance on a Madras High Court judgment regarding a different section of the Act. The Tribunal upheld the CIT(A)'s decision to cancel the penalty, emphasizing the lack of benefit to the creditors and the specific circumstances of the case. Additionally, the Tribunal independently cancelled the penalty based on the same grounds as in a previous case involving the same assessee. In conclusion, the Tribunal dismissed the Revenue's appeal, supporting the CIT(A)'s decision to cancel the penalty based on the nature of the transactions and the lack of benefit to the creditors.
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