PRAKASH KESHAVRAO DESHMUKH,NAGPUR vs. INCOME TAX OFFICER WARD-1, AKOLA, AKOLA

ITA 641/NAG/2026Status: DisposedITAT Nagpur08 September 2026AY 2017-185 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the penalty order was passed beyond the period of limitation prescribed under Section 275 of the Act, even considering the extensions granted due to the COVID-19 pandemic. Consequently, the penalty order was quashed.

What were the facts?

The assessee received cash of Rs. 4,50,000/- for the sale of a property. A penalty of Rs. 4,50,000/- was levied under Section 271D of the Income Tax Act, 1961. The penalty order was passed beyond the prescribed limitation period.

What were the issues?

Whether the penalty order passed under Section 271D was barred by limitation. Whether the delay in filing the appeal before the CIT(A) should be condoned.

Which sections of the Income-tax Act were involved?

Section 271D,Section 275,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR SMC BENCH, NAGPUR

Before: SHRI MANISH BORAD

For Appellant: Shri K.P. Dewani, Advocate
For Respondent: Ms. Jaya Lakhwani, Sr.DR
Hearing: 06/08/2026Pronounced: 08/09/2026

This appeal by the assessee is directed against the order of Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi (for short, “CIT(A)”) dated 20.11.2025 passed u/sec. 250 of the Income Tax Act, 1961 (for short, “Act”) which is arising out of penalty order dated 13.01.2022 passed u/sec. 271D of the Act for the Assessment Year (A.Y.) 2017-18

2.

Registry has informed that there is a delay of 125 days in filing the present appeal. Application for condonation of delay along with an affidavit is placed on record. Perusal of the same and after hearing both the sides, I find that the delay is neither intentional nor deliberate and therefore, in the interest of justice and taking guidance from the judgments of Hon'ble Apex Court in the case of Collector Land Acquisition, A

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 271D

All 1,725 judgments and leading authorities on Section 271D →

Recent GST High Court judgments

Search GST case law →