Ramachandran Bandhuvula v. ITO (2023) 103 ITR 81 (SN)(Hyd) (Trib)

S. 271D : Penalty-Takes or accepts any loan or deposit-Long term capital gains-Received cash on sale of immovable property in AY 2016-17-Deposited cash during demonetisation period-Levied penalty for contravention of S. 269SS-Deleted penalty as S. 269SS was violated in AY 2016-17 and not in AY. 2017-18.[S. 45, 269SS]

During the scrutiny proceedings, the assessee explained that the cash deposited in the bank were out of the sale proceeds of property sold during AY 2016-17 and the assessee had also declared long-term capital gains in the return of income filed for AY 2016-17. The Assessing Officer accepted the explanation of the assessee, however, levied penalty u/s. 271D for contravention of the provisions of Sec. 269SS. The Tribunal held that initiation of penalty u/s. 271D for AY 2017-18 was void-ab-initio since provision of S. 269SS is not contravened in the assessment year under consideration. (AY. 2016-17,2017-18)