PCIT v. Shree Madhi Surali Vibhag Nagarik Sahakari Dhiran Mandali Ltd. (2024) 301 Taxman 556 (SC) Editorial : PCIT v. Shree Madhi Surali Vibhag Nagarik Sahakari Dhiran Mandali Ltd. (2024) 167 taxmann.com 470 (Guj)(HC)

S. 271D : Penalty-Takes or accepts any loan or deposit-Cash credits-Reasonable cause-High Court affirmed the order of the Tribunal. Revenue filed SLP which was delayed by 660 days-SLP of revenue is dismissed on account of delay as well as on merits.[S. 68, 271E, 273B, Art. 136]

Assessee, a Co-operative Credit Society, offered banking-like services to members, mainly farmers and those with limited access to formal banking. Assessing Officer held  that society had accepted and repaid cash loans or deposits in amounts exceeding permissible limit, violating sections 269SS acceptance and 269T repayment.  He levied  penalties  under sections 271D and 271E of the Act.  CIT (Appeals)  deleted the penalties, which is affirmed by Tribunal. On the ground that Co-operative Society acted on a bona fide belief that transactions were genuine and routine business activities, which did not warrant penalties under sections 271D and 271E. High Court affirmed the order of the Tribunal. Revenue filed SLP which was delayed by 660 days. SLP of revenue is dismissed on account of delay as well as on merits. (AY. 2010-11)