YUKSOM BREWERIES LTD.,SIKIM vs. ADDL./JOINT CIT, RANGE - 2, SILIGURI, SILIGURI
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s order and remanded the matter back. It directed the CIT(A) to consider the evidence filed during the appeal and provide an opportunity for a hearing to both the assessee and the AO.
What were the facts?
The assessee adjusted security deposits against trade receivables through journal entries, which the AO treated as a violation of Section 269T, leading to a penalty under Section 271E. The CIT(A) upheld the penalty, finding no documentary evidence or reasonable cause.
What were the issues?
Whether the adjustment of security deposits against trade receivables through journal entries constitutes a repayment in contravention of Section 269T, and if so, whether there was a reasonable cause for such non-compliance to waive the penalty under Section 271E.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Commissioner of Income Tax v. Triumph International Finance (I) Ltd.114 citing208 Taxmann 299 · 2012 · HC
- CIT v. Ajinath Hi-tech Builders P Ltd.8 citing412 ITR 316 · 2019 · HC
- Commissioner of Income-tax (Central)-IV v. Ajitnath Hi-Tech Builders (P.) Ltd.7 citing92 Taxmann.com 228 · 2018 · HC
Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: SRI PRADIP KUMAR CHOUBEY & SRI RAKESH MISHRA
order
: 16-July-2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2018-19 dated 10.08.2024, which has been passed against the penalty order u/s 271E of the Act, dated 30.12.2022.
More judgments on Section 269T
- Sujatha Vaddanapu, Nalgonda vs ITO, Ward-1, NalgondaITA 2048/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Mr. Ujjwal, Bengaluru vs ITO, Ward-5(2)(1), BangaloreITA 809/BANG/2026[2014-15]Status: Disposed29 Sept 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs A.K.Thangamaligai, Manapparai, TrichyITA 2868/CHNY/2026[2021-22]Status: Disposed25 Sept 2026AY 2021-22
- Nisa Chits India Pvt. Ltd., Coimbatore vs ITO, Corporate Ward-1, CoimbatoreITA 2868/CHNY/2025[2017-18]Status: Disposed25 Sept 2026AY 2017-18
- Samriddhi Petro Products Private Limited… vs ACIT, Circle-3(1), HyderabadITA 101/HYD/2026[2014-15]Status: Disposed23 Sept 2026AY 2014-15
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