YASHBIZ MARKETING PRIVATE LIMITED,AHMEDABAD vs. THE ITO, WARD-4(1)(1), AHMEDABAD
What were the facts?
The assessee company received cash deposits directly into its bank accounts from customers, despite instructions to use banking channels. The Assessing Officer levied a penalty under Section 271DA for accepting cash exceeding the prescribed limit, which was confirmed by the CIT(A).
What did the Tribunal hold?
The Tribunal held that the penalty under Section 271DA was not sustainable. It was found that the cash was deposited directly by customers into the assessee's bank account and not physically received by the assessee, and there was no intentional contravention of Section 269ST.
What were the issues?
Whether penalty under Section 271DA is leviable when cash is deposited directly into the bank account by customers and not physically received by the assessee. Whether there was a "good and sufficient reason" for non-compliance with Section 269ST.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD
Before: Shri Sanjay Garg & Shri Narendra Prasad Sinha
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘Ld. CIT(A)’] dated 01/09/2025 passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the Assessment Year (AY) 2022-2023. 2. The assessee has raised the following grounds of appeal:
“…01. That the Ld. CIT(A) has erred both in law and on facts while sustaining the p
The order continues below.
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More judgments on Section 271DA
- ACIT, Guwahati vs Harvinder Singh Sehgal, Thangal Bazar…ITA 379/GTY/2025[2021]Status: Disposed9 Oct 2026
- Harvinder Singh Sehgal, Manipur vs Central Circle-2, GuwahatiITA 374/GTY/2025[2021-22]Status: Disposed9 Oct 2026AY 2021-22
- Kunta Srinivas Reddy, Hyderabad vs DCIT, Central Circle - 1(3), HyderabadITA 554/HYD/2026[2023-24]Status: Disposed23 Sept 2026AY 2023-24
- Kunta Srinivas Reddy, Hyderabad vs DCIT, Central Circle -1(3), HyderabadITA 553/HYD/2026[2022-23]Status: Disposed23 Sept 2026AY 2022-23
- Kunta Srinivas Reddy, Hyderabad vs DCIT, Central Circle - 1(3), HyderabadITA 552/HYD/2026[2021-22]Status: Disposed23 Sept 2026AY 2021-22
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