PCIT v. Shakti Foundation (2019) 107 taxmann.com 459/ 265Taxman 243 (Raj.)(HC) Editorial : SLP is granted to the revenue, PCIT v. Shakti Foundation (2019) 265 Taxman 242 (SC)

S. 271D : Penalty–Takes or accepts any loan or deposit-Otherwise than by account payee cheque or account payee bank draft– Journal entries–Transaction bonafide–Not liable penalty.[S.269SS, 269T].

Dismissing the appeal of the revenue the Court held that;  even though liability recorded in books of account by way of journal entries i.e. crediting amount of party to whom monies payable and debiting account of a party from whom monies were receivable in books of account was in contravention of provisions of section 269T, yet in that case penalty was not leviable for reason that transaction was bona fide and was not to evade taxes.