ITO, VIRUDHUNAGAR vs. S.ARUN KUMAR, RAJAPALAYAM
In the result, the appeal filed by the Revenue is allowed
ITA 95/CHNY/2017[2009-10]Status: DisposedITAT Chennai19 Jun 2017AY 2009-10
Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddy
For Appellant: Shri. K. Ravi, IRS, JCITFor Respondent: Ms. S. Vidya, CA
Section 143(3)Section 269SSection 271D
…n the case no proper explanations offered by the assessee before lower authorities. In our opinion, assessee is liable for penalty u/s. 271D of the Act. We place reliance on the judgment of Jurisdictional High Court in the case of P. Muthukarupan vs. JCIT 375 ITR 243. In our opinion, it is sufficient to say that simply the transaction was genuine, so sec. 269SS of the Act is not applicable. One cannot accept such proposition of law, there is no ambiguity in the language of said provisions of Sec. 271D of the Act. As such there is no such need to apply the purposive theory , in interpretation of said section.…