Anuradha Chivukula Challa (Smt.) v. Addl. CIT (IT) (2022)99 ITR 1 (SN)(Bang)(Trib)

S. 271D : Penalty-Takes or accepts any loan or deposit-Non-Resident-50 Per Cent of interest in property-Sale consideration disclosed in the sale deed-No intention to evade the tax-Reasonable cause-Penalty cancelled. [S. 269SS, 273]

Held, allowing the appeal, that the assessee was a non-resident Indian dependent on her 87 year-old father for negotiations of sale of the properties. Her passport details evidenced the date of her arrival in Bangalore on December 24, 2016 and departure on January 4, 2017. The sale deeds were executed within the period of 10 days. The properties sold were held by the assessee from the year 1994. The assessee was finding it difficult to sell these properties since 50 per cent. of the interest in the properties was initially held by her estranged husband. On the date of execution of sale deed, cash was paid. Considering the age of her father, the assessee accepted the cash and closed the deal once and for all. The intention of the assessee was not to defraud the Revenue by violating the provisions of the Act or by evading taxes. This was evident from the fact that the cash receipts had been duly disclosed in the sale deed as well as the Income-tax returns. Due to paucity of time, the urgency and considering various factors that go into finalizing the transaction, the assessee was forced to accept cash to go ahead with the execution of the sale deed. These facts clearly stipulated “reasonable cause” as mandated under section 273B of the Act for violation of the provisions of section 269SS of the Act. The penalty imposed under section 271D of the Act was  cancelled.(AY.2017-18)