SISIR KUMAR PATRO BELENA,BHUBANESWAR vs. ITO, WARD-1, BERHAMPUR

ITA 391/CTK/2026Status: DisposedITAT Cuttack29 May 2026AY 2019-204 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal before the CIT(A) and held that since the sale consideration was received through banking channels in the HUF's account, Section 269SS was not applicable. Consequently, the penalty levied was deleted.

What were the facts?

The assessee, Karta of an HUF, sold a property and received sale consideration of Rs. 21,00,000/- via cheque in the HUF's bank account. The AO treated 50% of the transaction as cash received by the assessee and levied penalty under Section 271D.

What were the issues?

Whether penalty under Section 271D is leviable when sale consideration for an HUF property is received by cheque in the HUF's bank account. Whether delay in filing appeal before CIT(A) should be condoned.

Which sections of the Income-tax Act were involved?

Section 271D,Section 269SS

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR

Hearing: 29/05/2026Pronounced: 29/05/2026

PerBench: This is an appeal filed by the assessee against the order of CIT(A), National Faceless Appeal Centre (NFAC), Delhi dated 20/02/2026 against confirmation of penalty levied u/s.271D of the Act for an amount of Rs.10,50,000/- for the assessment year 2019-20. 2. Shri P.K.Mishra, Ld AR appeared for the assessee and Shri Vijaya Singh, ld Sr DR appeared for the revenue.

3.

It was submitted by ld AR that the assessee is a Karta of HUF. It was the submission that the assessee alongwith his mother had so

The order continues below.

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