GOURI SANKAR PATRO,GANJAM vs. ITO, WARD-1, BERHAMPUR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the sale consideration of Rs. 50,008/- was received on the sale of agricultural property. Therefore, Section 269SS of the Act was not applicable to the facts of the case.
What were the facts?
The assessee sold agricultural land for Rs. 50,008/-. The Assessing Officer (AO) invoked Section 269SS of the Act and treated this as a loan or deposit, levying penalty under Section 271D. The assessee argued that it was not a loan or deposit.
What were the issues?
Whether the penalty levied under Section 271D of the Act for alleged violation of Section 269SS is sustainable when the amount was received from sale of agricultural land and not a loan or deposit.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI LAXMI PRASAD SAHU
O R D E R
Per George Mathan, JM :
This is an appeal filed by the assessee against the order dated 25.09.2025 passed by ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2019-2020, thereby confirming the of penalty levied u/s 271D of the Act.
It was submitted by the Ld.AR that the assessee had sold agricultural land and had received sale consideration of Rs.50,008/-. It was the submission that the AO invoked the provisions of section 269SS of the Act and treated the same as loan of deposits and levied penalty u/s.271D of the Act. It was submission that this was not a loan on deposits. It was prayer that the penalty as levied u/s.271D of the Act may be cancelled.
More judgments on Section 269SS
- 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
- DCIT, CC-2(3), Kolkata vs Laser Power & Infra Private Limited, KolkataITA 2926/KOL/2025[2019-20]Status: Disposed1 Oct 2026AY 2019-20
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