KESHAB HAZARIKA,CHANDRAPUR vs. ITO, WARD-MORIGAON, MORIGAON

ITA 278/GTY/2026Status: DisposedITAT Guwahati19 August 2026AY 2017-186 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that penalty proceedings under Section 271D are independent of assessment proceedings and can be initiated without prior satisfaction. The Tribunal also noted that the amendment to Section 269SS, defining 'specified sum' to include cash received for immovable property transactions, was applicable.

What were the facts?

The assessee sold agricultural land and received sale consideration in cash, violating Section 269SS of the Income Tax Act. The Assessing Officer levied penalties under Section 271D for accepting cash amounts exceeding the prescribed limit.

What were the issues?

Whether penalty under Section 271D is leviable for accepting cash consideration for immovable property, and if such proceedings are independent of assessment proceedings.

Which sections of the Income-tax Act were involved?

Section 269SS,Section 271D,Section 273B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GAUHATI BENCH

Before: SHRI GEORGE MATHAN & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Rahul Jain, FCA
For Respondent: Shri Santhosh Kr. Karnani, ACIT-DR
Hearing: 19.08.2026Pronounced: 19.08.2026

Per George Mathan, JM: These are the appeals filed by the assessee against the separate orders of the CIT(A), NFAC, Delhi [hereinafter referred to as the ‘CIT(A)’] in appeal nos.NFAC/2016-17/10217675 and NFAC/2016-17/10217677 both dated 23.02.2026 for the assessment years 2017-18 and 2018-19 respectively.

2.

Shri Rahul Jain, FCA represented on behalf of the assessee and Shri Santhosh Kr. Karnani, ACIT represented on behalf of the revenue.

ITA No.278&279/GTY/2026

3.

It was submitted by the ld. AR that the assessee had sold an agricultural land during the impugned assessment year and the assessee was also an agriculturist. It was the submission that there was no assessment

The order continues below.

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