| Question And Answer | |
|---|---|
| Subject: | Penalty u/s 271DA, failure to comply with provisions of section 269ST(Mode of undertaking transactions ) |
| Category: | Income-Tax |
| Querist: | Suresh Goyal |
| Answered by: | Mr . H. N. Motiwalla |
| Tags: | 269ST, 271DA, Mode of undertaking transactions, penalty, Penalty u/s 271DA |
| Date: | August 8, 2024 |
Penalty u/s 271DA was imposed against the assessee but details of the transaction have not been given in the SCN issued before imposing penalty. Even the amount of penalty to be imposed not mentioned in the SCN. Is the penalty is valid.
Section 271DA reads as under:
“(1) If a person receives any sum in contravention of the provisions of section 269ST, he shall be liable to pay, by way of penalty, a sum equal to the amount of such receipt:
Provided that no penalty shall be imposable if such person proves that there were good and sufficient reasons for the contravention.
(2) Any penalty imposable under sub- section (1) shall be imposed by the Joint Commissioner.
Thus you will find that no where in the section, it is required that the Joint Commission should mentioned the details of transaction and proposed penalty amount. So it is not necessary to mention in SCN details of transactions and amount of penalty.