CIT v. Sunil Kumar Goel

315 ITR 163High Court2009#1518 most cited

What is CIT v. Sunil Kumar Goel authority for?

A genuine personal transaction or a non-returnable transfer between family members or related entities does not constitute a 'loan' or 'deposit' under Section 269SS, and therefore, no penalty can be levied under Section 271D.

75

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Sunil Kumar Goel · Section 269SS · Section 271D · loan or deposit · genuine transaction · personal expenses · inter-family transfer · penalty deletion · violation 269SS · non-returnable

Issues it is cited on

Judgments citing CIT v. Sunil Kumar Goel

R.M.Kishore, Chennai vs. JCIT Non Corporate Range 7, Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 374/CHNY/2019[2014-15]Status: DisposedITAT Chennai24 Oct 2019AY 2014-15

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A. No. 374/Chny/2019 िनधा"रण वष"/Assessment Year: 2014-15 Shri R.M. Kishore, The Joint Commissioner Of No. 83, Plot No. 2981, 1St Street, Vs. Income Tax, Z-Block, 13Th Main Road, Annanagar, Non Corporate Range 7, Chennai 600 040. Chennai 600 034. [Pan:Ahspk2751K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate ""थ" की ओर से/Respondent By : Shri A. Sundararajan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 17.10.2019 घोषणा की तारीख /Date Of Pronouncement : 24.10.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 7, Chennai, Dated 21.12.2018 Relevant To The Assessment Year 2014-15. The Ground Raised By The Assessee Is That The Ld. Cit(A) Has Erred In Confirming The Penalty Of ₹.10,85,000/- Levied Under Section 271D Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri A. Sundararajan, Addl. CIT
Section 143(3)Section 269SSection 271DSection 273B

…of M. Yeshodha in 351 ITR 265 (Mad), the Hon’ble Madras High Court held that transaction of loan between father in law and daughter in law in cash cannot be subject matter of levy of penalty u/s.271D of the Act. Further, In the case of CIT v. Sunil Kumar Goel 315 ITR 163, Hon’ble Punjab & Harayana High Court has held that penalty under section 271D/271E of the Act cannot be levied on the loan received from sister concern if the assessee has substantiated reasonable cause under section 273B of the Act. 4.2 Further, we find that the object of introducing section 269SS of the Act is to ensure that a taxpayer is not…

Sonia Malik, New Delhi vs. JCIT, Range- 69, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 7792/DEL/2018[2012-13]Status: DisposedITAT Delhi10 May 2019AY 2012-13

Bench: Shri R.K. Pandaassessment Year: 2012-13 Sonia Malik, Vs. Jcit, 229, Ground Floor, Range-69, Avtar Enclave, Paschim Vihar, New Delhi. New Delhi. Pan: Anqpm9150J (Appellant) (Respondent) Assessee By : Shri Pramod Jain, Fca Revenue By : Shri S.L. Anuragi, Sr. Dr Date Of Hearing : 06.05.2019 Date Of Pronouncement : 10.05.2019 Order This Appeal By The Assessee Is Directed Against The Order Dated 6Th Septemfebr, 2018 Passed By The Cit(A)-21, New Delhi, Relating To Assessment Year 2012-13. 2. The Assessee In Various Grounds Has Challenged The Order Of The Cit(A) In Sustaining The Penalty Of Rs.3,25,000/- Levied By The Jcit U/S 271D Of The It Act.

For Appellant: Shri Pramod Jain, FCAFor Respondent: Shri S.L. Anuragi, Sr. DR
Section 269SSection 271DSection 273BSection 54F

…that transaction of loan between father-in-law and daughter-in-law in cash cannot be subject matter of levy of penalty u/s 271D of the Act. Referring to the decision of the Hon'ble Punjab & Haryana High Court reported in CIT vs. Sunil Kumar Goel reported in 315 ITR 163, he submitted that the Hon'ble High Court in the said decision has held that ‘A family transaction, between two independent assessees, based on an act of casualness, specially in a case where the disclosure thereof was contained in the compilation of accounts, and which had no tax effect, established 'reasonable cause' under section 273 B of th…