2024 (10) TMI 37 - SCH - Income Tax

Penalty imposed u/s. 271D and 271E - default u/s 269SS and Section 269ST - delay fillIng SLP - ITAT and HC 2022 (7) TMI 1551 - GUJARAT HIGH COURT deleted addition as there is no intention/mens rea on the part of the assessee-Co-operative society to accept the cash deposit from its members in their accounts maintained by it similar to savings account maintained by the banks in view of the provision of section 273B. No penalty would be leviable if the person concerned proves that there is reasonable cause for the alleged failure. HELD THAT - There is an inordinate delay of 660 days in filing the special leave petition. The explanation offered seeking condonation of delay is neither satisfactory nor sufficient in law to be condoned. Hence, the application seeking condonation is dismissed. Further, we do not find any merit in the special leave petition. Hence, the special leave petition is dismissed both on the ground of delay as well as on merits.

Summary

The Supreme Court dismissed the special leave petition due to a delay of 660 days in filing and lack of merit. An 18-day delay in refiling was condoned.