Aggarwal Construction Co. v Dy. CIT (2024)116 ITR 372 / [2025] 171 taxmann.com 218 (Amritsar)(Trib)

S. 271D : Penalty-Takes or accepts any loan or deposit-Sale of immoveable property-Stock in trade-Sale deed registered-No deliberate defiance of law-Penalty is deleted. [S.269SS]

Held that there is  no deliberate defiance of any law and the assessee had not been dishonest or acted in conscious disregard of any legal obligation. Even if there had been a breach of law, it was from a bona fide belief that cash payments were legally acceptable. The lump sum cash had been received against sale of immovable property before the Government registration authority, and the sale deed had been duly registered under its stamp and signature.  Levy of penalty is deleted. (AY.2016-17)

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