ACIT(CENTRAL)-1, INDORE vs. SHRI PUNIT AGRAWAL, MHOW

ITA 788/IND/2019Status: DisposedITAT Indore31 January 2024AY 2010-11Bench: SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRIB.M. BIYANI (Accountant Member)34 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the penalties were imposed based on documents and statements that were also considered in the case of 'PATH', where similar appeals were dismissed by the ITAT. The Tribunal also emphasized that for penalties under Sections 271D and 271E, independent evidence of cash movement is required, not just corroborative evidence like book entries, especially when the transactions themselves are disputed.

What were the facts?

The Revenue appealed against the deletion of penalties levied under Sections 271D and 271E for violations of Sections 269SS and 269T. The penalties were imposed for alleged cash loans taken and repaid between the assessee and 'PATH'. The CIT(A) had deleted these penalties.

What were the issues?

Whether penalties under Sections 271D and 271E were rightly deleted by the CIT(A) when the basis of penalty imposition was similar to a case already decided by the ITAT, and whether the evidence relied upon was sufficient to establish a default under Sections 269SS and 269T.

Which sections of the Income-tax Act were involved?

Section 271D,Section 271E,Section 269SS,Section 269T

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(30)Show 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.

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI VIJAY PAL RAO & SHRIB.M. BIYANI

For Appellant: Shri Anup Garg& Shri Vikas Guru, CAs & Ld. ARs
For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 23.01.2024Pronounced: 31.01.2024

Heard together (2 matters)

ITA No.788/Ind/2019
ITA No.791/Ind/2019

Read from the judgment's own cause title. This page is filed under one of them.

Per Bench:

Feeling aggrieved by a consolidated appeal-order dated 31.05.2019 passed

by learned Commissioner of Income-tax (Appeals)-3, Bhopal [“CIT(A)”],

which in turn arise out of respective penalty-orders dated 28.03.2018

passed by Joint Commissioner of Income-tax (Central), Indore u/s 271D &

271E of Income-tax Act, 1961 [“the Act”], the revenue has filed the captioned four (4) appeals for Assessment-Years [“AY”] 2009-10&2010-11,

on following grounds:

Late Shri Puneet Agrawal(Legal Representative – Smt. Neeti Agrawal) ITA Nos. 787,788, 790 & 791/Ind/20

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 271D

All 1,725 judgments and leading authorities on Section 271D →

Recent GST High Court judgments

Search GST case law →