Akash Education & Development Trust, Bengaluru vs. Additional Commissioner of Income Tax, Central Range-2, Bangalore
In the result, the appeal of the assessee is allowed
ITA 737/BANG/2021[2016-17]Status: DisposedITAT Bangalore18 Apr 2022AY 2016-17
Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2016-17
For Appellant: Shri Rajeev Nulvi, ARFor Respondent: Shri Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 269SSection 271DSection 271D(2)Section 273B
…n the light of the above, we hold that both on law and on facts, the penalty levied by the Addl. CIT under s. 27ID and confirmed by the learned CIT(A) is not maintainable. Accordingly, we delete the penalty levied." In Paras Brass Extrusion Ltd. vs. Dy. CIT (3 SOT 554), the brief 33. facts were that the assessee had taken various amounts in cash – each exceeding Rs. 20,000 from seven persons – a totalling to Rs. 10,00,000. The AO imposed penalty under s. 271D of the Act. Before the Tribunal, the assessee submitted that keeping in view the object of introduction of s. 269SS, the case was not searched and seizure…