5 orders · Page 1 of 1
The Tribunal condoned the delay in filing the appeals, citing the Supreme Court's directions regarding limitation periods during the COVID-19 pandemic. The Tribunal also noted that the assessee had provided documentary evidence for the purchase of the Godown and its source of funds.
The Tribunal held that the AO's assessment was not based on proper investigation and was prejudicial to the revenue. It noted that the AO did not interrogate the individuals behind the companies involved in the share transactions.
The Tribunal held that the CIT(A) erred in deleting the additions without giving the AO an opportunity to examine the evidence produced by the assessee for the first time during appellate proceedings. This violated the principles of natural justice.
The Tribunal upheld the penalty imposed under Section 271D, agreeing with the lower authorities that accepting cash loans in contravention of Section 269SS is not excused by the fact that the director deposited the cash or that the funds were used for company purposes. Ignorance of the law was also not accepted as a valid defense.