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Income Tax - Highlights / Catch Notes

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The summary focuses on the interpretation and applicability of ...


Incorrect interpretation of tax laws led to wrongful penalty on cash receipts from property sale.

October 8, 2024

Case Laws     Income Tax     AT

The summary focuses on the interpretation and applicability of Section 271D and Section 269SS of the Income Tax Act. The key points are: Section 271D imposes a penalty for violating the provisions of Section 269SS, which prohibits receiving a sum exceeding Rs. 20,000 as a loan or deposit from any person. However, Section 269SS does not cover the receipt of cash consideration for the sale of immovable property. The authorities erroneously interpreted Section 269SS and imposed a penalty u/s 271D for receiving cash consideration from the sale of immovable properties. The Appellate Tribunal held that the Assessing Officer committed an error in invoking Sections 269SS and 271D in this case and quashed the penalty imposed.

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