Ramkumar Reddy Satty v. ACIT (Hyd.)(Trib.) (UR)

S. 271D : Penalty-Takes or accepts any loan or deposit-Cash received from purchaser as final payment before Sub-Registrar at the time of registration of sale deed of property-Levy of penalty is not valid. [S. 269SS]

Assessee sold a property and certain sale consideration was received in cash. AO levied penalty under section 271D for violation of provisions of section 269SS.The tribunal relied on of the  decision of Co-ordinate Bench in the case of ITO v. R. Dhinagharan (HUF) [ITA No. 3329/CHNY/2019, dt. 29-12-2023], wherein the term ‘specified sum’ as per Explanation to section 269SS, is only applicable for advance receivable, namely, ‘as advance or otherwise’ means advance can be in any manner, and therefore, this provision will not apply to transaction that happens when final payment at the time of registration of sale deed and payment takes place before Sub-Registrar for registration of property. Assessee received cash from purchaser, not as advance, but as final payment in front of Sub-Registrar at the time of registration for sale of property, there was no violation of provisions of section 269SS and hence, penalty under section 271D was not leviable. [AY 2018-19] [ITA No. 488/Hyd/2023 dated 19/03/2024]

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