INDUPUR SRINIVASULA REDDY,NELLORE vs. ITO WARD-4, NELLORE
What did the Tribunal hold?
The tribunal found the CIT(Appeals) order to be non-speaking and lacking factual discussion. Therefore, the order was set aside and the matter remanded for fresh adjudication.
What were the facts?
The assessee's appeal was against a penalty levied under Section 271D for accepting a loan in cash, violating Section 269SS. The CIT(Appeals) confirmed the penalty without discussing the assessee's explanation.
What were the issues?
Whether the penalty under Section 271D was rightly confirmed without a proper discussion of the assessee's explanation and the factual matrix of the case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD ‘A’ BENCH, HYDERABAD.
BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER (Assessment Year : 2009-10) Shri Indupuru Srinivasula Vs. Income Tax Officer, Reddy, Nellore. Ward 4, PAN AAWPI4316D Hyderabad. (Appellant) (Respondent) Appellant By : None. Respondent By : Shri KPRR Murthy, (D.R.) Date of Hearing : 13.10.2022 Date of Pronouncement : 14.10.2022 O R D E R Per Shri Inturi Rama Rao, A.M. : This appeal filed by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Dt.29.06.2022 for the Assessment Year 2016-17 confirming the levy of penalty u/s. 271D of the Income Tax Act, 1961 (in short ‘the Act’). When the appeal was called, none appeared on behalf of the assessee despite due service of notice of hearing.
We have heard the learned Senior DR and had carefully gone through the order of the NFAC which confirmed the levy of penalty. On perusal of the impugned order, it is clear that the assessee had offered an explanation and made a detailed submission, and explained the circumstances under which loan was accepted in cash otherwise than through prescribed mode, violating the provisions of section 269SS of the Act. However, the NFAC order without discussing as to how the explanation offered by the assessee is not acceptable, simply confirmed the levy of penalty u/s. 271D of the Act after citing certain judicial precedents.
2.1 Thus order of the CIT (Appeals), NFAC is not a speaking one and merely confirmed the levy of penalty without discussing the factual situation, and as to how factual situation of case, fits into the ratio of cases cited by the CIT (Appeals). Thus the order of the learned CIT (Appeals) is bereft of discussion of facts and reasoning. Hence the order of the learned CIT (Appeals) cannot be sustained in the eyes of law and accordingly we set aside NFAC and decide the matter in accordance with law after affording due opportunity of hearing to the assessee.
In the result, the appeal of the assessee is partly allowed for statistical purposes.
More judgments on Section 271D
- Sujatha Vaddanapu, Nalgonda vs ITO, Ward-1, NalgondaITA 2048/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Inder Lal Ramrakhyani, Dhamtari vs ITO, DhamtariITA 694/RPR/2026[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs Harshit Singhania Buildcon, RaipurITA 560/RPR/2026[2022-23]Status: Disposed14 Oct 2026AY 2022-23
- Shree Jalaram Finance, Borsad vs Income Tax Officer, Ward 1(3)(4), PetladITA 1785/AHD/2026[2000-01]Status: Disposed13 Oct 2026AY 2000-01
- Veera Mani Kumari Vattikooti, Hyderabad vs ITO, Ward -11(1), HyderabadITA 1218/HYD/2026[2016-17]Status: Disposed9 Oct 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026