SMT DEEPIKA ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-5, BANGALORE
In the result, appeal by the Assessee is allowed
ITA 561/BANG/2017[2010-11]Status: DisposedITAT Bangalore13 Oct 2017AY 2010-11
Bench: Shri N.V. Vasudevan & Shri Jason P Boazi.T. A. No.561/Bang/2017 (Assessment Year : 2010-11) Smt. Deepika, C/O M/S. T M Marketing (India), 12, Ground Floor, Tulsi Plaza, S.V. Lane, 3Rd Cross, Chickpet, Bangalore-560 053. …. Appellant. Vs. Addl. Commissioner Of Income Tax, Range 5, Bangalore. ….. Respondent. Appellant By : Shri Balram R Rao, Advocate. Respondent By : Smt. Padma Meenkashi, Jcit (D.R) Date Of Hearing : 11.10.2017. Date Of Pronouncement : 13.10.2017. O R D E R Per Shri N.V.Vasudevan, J.M. : This Is An Appeal By The Assessee Against The Order Dt.7.12.2015 Of Commissioner Of Income Tax (Appeals), Bangalore-2 For The Assessment Year 2010-11. 2. In This Appeal, The Assessee Has Challenged The Order Of The Cit (Appeals) Whereby The Cit (Appeals) Confirmed The Order Of The Assessing Officer Imposing Penalty On The Assessee Under Section 271D Of The Income Tax Act, 1961 (In Short 'The Act').
For Appellant: Shri Balram R Rao, AdvocateFor Respondent: Smt. Padma Meenkashi, JCIT (D.R)
Section 269SSection 271Section 271DSection 273B
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property did not materialize, assessee refunded said amount through cheque to his wife. On the question whether acceptance of cash by husband from his wife would amount to taking of loan or advance in strict sense of section 269SS , the tribunal held that it cannot be construed as loan attracting provisions of Sec.269SS of the Act and therefore