SANTOSH KUMAR,ATARRA, BANDA vs. INCOME TAX OFFICER, BANDA

ITA 89/ALLD/2025Status: DisposedITAT Allahabad21 November 2025AY 2017-18Bench: SHRI. SUDHANSHU SRIVASTAVA (Judicial Member)9 pages
AI SummaryAllowed

What did the Tribunal hold?

The Income Tax Appellate Tribunal (ITAT) restored both appeals to the NFAC, directing it to hear the cases on merits. The ITAT granted this opportunity due to the assessee's counsel's serious illness and subsequent death, which prevented proper representation before the NFAC.

What were the facts?

The assessee faced penalties under Section 271D for accepting a loan of Rs. 8 lakhs and under Section 271E for repaying a loan of Rs. 2,70,776/-, both allegedly in violation of the Income Tax Act. The National Faceless Appeal Centre (NFAC) dismissed the assessee's appeals ex-parte, confirming the penalties.

What were the issues?

The key issues were the validity of the ex-parte dismissal by NFAC, the justification for penalties under Section 271D and 271E, and procedural irregularities in passing the penalty orders, including time-barring and non-compliance with specific notifications.

Which sections of the Income-tax Act were involved?

Section 269SS,Section 271D,Section 269T,Section 271E,Section 250,Section 274(2A),Section 275(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, ALLAHABAD

Before: SHRI. SUDHANSHU SRIVASTAVA

For Appellant: Shri Govind Krishna, C.A

These appeals have been preferred by the Assessee against separate orders, both dated 12.02.2025, passed by the National Faceless Appeal Centre, Delhi (NFAC) for Assessment Year 2017-18. 2.0 The brief facts of the case are that during the course of assessment proceedings for the year under consideration, the assessee, vide reply dated 03.12.2019, submitted before the Assessing Officer (AO) that the assessee had received a loan totaling to Rs.8.00 lakhs (Rs.4.00 lakhs from Ms. Shikha Jaiswal and Rs.4.00 lakhs from Shri Shubham Jaiswal). As per the AO, the assessee had accepted the loan in violation of the provisions of section 268 of the Income Tax Act, 1961 (hereinafter called

ITA Nos.88 & 89/ALLD/2025 “the Act’) and, therefore, he imposed a penalty of Rs.8.00 lakhs unde

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 269SS

All 1,429 judgments and leading authorities on Section 269SS →

Latest GST High Court judgments

Search GST case law →