During search at third party , certain documents were seized . These document revealed transactions of acceptance of cash loans etc. As these entries are beyond 5 years relevant to assessment year for which reopening can be done, AO instead of reopening ( as AYs are time barred) ,directly issues notices of penalty u/s 271D . Where this is valid notice ?
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During the course of assessment proceedings, AO notice that in some loan transcation assessee has accepted loan in Cash and assessee has also given confirmation from the lender that he is assesssed to tax and disclosed the transcation in his books of accounts. Assessment U/Sec. 143(3) was completed on 31.03.22 by accepting Returned income. There is no mentioned about contravention of provisions of Sec. 269SS of the Act. On 10.05.2022, he made a reference to Joint CIT about contravention ofprovisions of sec. 269SS and initiation of penalty proceedings u/Sec. 271D of the Act. The JCIT o 10.06.22 initiated penalty proceedings…
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Penalty u/s 271D