2019 (2) TMI 523 - AT - Income Tax

Penalty u/s 271D - assessee taken loan in cash exceeding permissible limits - Held that - Penalty has been imposed for violation of provisions of section 269SS of the Act, which ex facie, appears to be correct. In the absence of any explanation forthcoming from the side of the assessee, we are convinced that the authorities below have taken a reasonable view in the given facts in imposing and confirming the penalty u/s.271D of the Act. We, therefore, uphold the same. - Decided against assessee.

Summary

Issues:
Penalty imposed under section 271D of the Income-tax Act, 1961 for violation of section 269SS in relation to assessment year 2006-07.

Analysis:

1. Background and Facts:
The appeal was filed by the assessee against the penalty of ?15.00 lac imposed by the Assessing Officer under section 271D of the Income-tax Act, 1961, for taking a loan of ?15 lakhs in cash and issuing post-dated cheques in return. The CIT(A)-1, Aurangabad confirmed the penalty, leading to the appeal before the Tribunal.

2. Procedural History:
The Tribunal had previously set aside the penalty order and remitted the matter back to the Assessing Officer for fresh consideration. Despite multiple adjournments and attempts to notify the legal heirs of the deceased assessee, there was no representation from the assessee's side during the proceedings.

3. Legal Analysis:
The penalty was imposed for contravening the provisions of section 269SS of the Act, which prohibits taking loans in cash exceeding a specified limit. The Tribunal noted the absence of any explanation or defense from the assessee's side. Consequently, the Tribunal found the penalty imposition justified based on the facts and upheld the decision of the authorities below.

4. Decision and Conclusion:
After considering the facts and circumstances, the Tribunal dismissed the appeal and upheld the penalty imposed under section 271D of the Income-tax Act, 1961. The Tribunal found the penalty to be correctly imposed given the violation of section 269SS and the lack of response or explanation from the assessee's side throughout the proceedings.

5. Final Order:
The appeal was dismissed, and the decision was pronounced in the Open Court on 07th February 2019. The penalty of ?15.00 lac under section 271D was upheld, affirming the authorities' view on the matter based on the facts presented during the proceedings.