MOIN YUSUF KHAN,MUMBAI vs. JCIT 13(3), MUMBAI
What did the Tribunal hold?
The Tribunal noted that the assessee had not been properly represented before the AO in penalty proceedings and that the lower authorities had not discussed the factual merits. Therefore, the appeals were allowed to restore the penalties to the AO for fresh adjudication.
What were the facts?
The assessee's appeals concerned penalties levied under sections 271D and 271E of the Income Tax Act for alleged violations of sections 269SS and 269T. The lower authorities, including the AO and CIT(A), had not considered the factual aspects of the case.
What were the issues?
Whether penalties under sections 271D and 271E were rightly imposed without proper consideration of facts and whether the assessee was provided a reasonable opportunity to present their case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “I” BENCH, MUMBAI
& 366/Mum/2017 10.10.2016. The order under section 271D & 271E was passed vide order dated 19.03.2014.
2. In 271D of the Act on the amount of ₹ 4 lacs. The assessee has raised the following grounds: - “1. Penalty Proceedings under s. 271D The Id. ClT(A) erred on facts and in law in confirming the impugned Order of penalty under s. 271D of the Income Tax Act. 1961.
Relief Claimed: The Order be cancelled
2. Attraction of provisions of s. 269SS . .
The Id. CIT(A) erred on facts and in law in not appreciating the fact that then was no loan or deposit accepted by the appellant during the Financial Year 2007-08 relevant to the Assessment Year 2008-09 so as to attract provisions of s. 269SS Relief Claimed: The Order be cancelled.”
Similarly, in the issue is as regards to levy of penalty under section 271E of the Act. For this assessee has raised the following grounds: -.
“1. Penalty Proceedings under s. 271E & 366/Mum/2017 The Id. ClT(A) erred on facts and in law in confirming the impugned Order of penalty under s. 271D of the Income Tax Act. 1961.
Relief Claimed: The Order be cancelled
Attraction of provisions of s. 269ST . .
The Id. CIT(A) erred on facts and in law in not appreciating the fact that then was no loan or deposit repaid by the appellant during the Financial Year 2007-08 relevant to the Assessment Year 2008-09 so as to attract provisions of s. 269T Relief Claimed: The Order be cancelled.
3. Treatment of payment Creditors as repayment of loans The ld. CIT(A) erred on facts and in law in not appreciating the fact that were creditors paid and there was no repayment of loan or deposit by the appellant during the Financial Year 2007- 08 relevant to Assessment Year 2008-09 so as to attract provisions of s. 269T.
Relief Claimed: The order be cancelled.”
The learned Counsel for the assessee and learned Departmental Representative both fairly conceded that assessee has not represented before the AO in penalty proceedings for both the violation i.e. under section 271D and 271E of the Act and AO has passed ex-parte order. & 366/Mum/2017 Similarly, the CIT(A) has also not discussed the factual aspect of the case.
After hearing both the sides and going through the orders of the AO i.e. penalty orders and the orders of CIT(A), we noticed that none of authorities below, has considered the facts relating to levy of penalty under section 271D and 271E of the Act. Hence, in the interest of justice, we restore these two penalties to the file of the AO and set aside the orders of the lower authorities. Accordingly, these two penalties will be decided by AO denovo after allowing reasonable opportunity of being heard to the assessee. 6. In the result, the appeals of assessee are allowed for statistical purposes. Order pronounced in the open court on 10-07-2018.
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 Larsen And Toubro Limited vs. Joint Commissioner Of Central GST And Anr.Delhi · 27 Oct 2026
- T C Global INDIA Private Limited vs. Principal Commissioner Of Central GST, North DelhiDelhi · 27 Oct 2026
- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026