Held that the Cash amount of Rs. 7 lakhs was received by the assessee as part of the sale consideration of immovable property at the time of execution of the agreement to sell on 31st Jan., 2015. Since the provisions of s. 269SS were amended by the Finance Act, 2015 w.e.f. 1st June, 2015, there was no violation of the provisions of s. 269SS on the date on which the said money was received in cash. Penalty is not leviable. (AY. 2017-18)
Bhavanishanker Naik v. ITO (2025) 236 TTJ 240 (Bang)(Trib)
S.271D: Penalty]-Takes or accepts any loan or deposit]-Cash received from buyer of immovable property-The applicability of amended provisions by Finance Act, 2015 has taken effect from 1st June, 2015-Agreement to sell was entered on 31st Jan., 2015, and registered sale deed was executed on 31st May, 2016-Penalty not leviable. [S. 269SS]
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