Srinivasa Reddy Reddeppagari v. JCIT (2023) 332 CTR 614(Telangana) (HC)

S. 271D : Penalty-Takes or accepts any loan or deposit-No satisfaction is recorded-Matter is remanded back to the file of Assessing Officer to pass fresh order in accordance with law. [S. 269SS, Art. 226]

On writ against the penalty order, the Court held that no penalty could be levied without recorded satisfaction. Accordingly the order  is set aside and the matter is remanded back to the file of the Assessing Officer  to pass a fresh order in accordance with law after giving a reasonable opportunity of hearing. Followed CIT v. Jai Laxmi Rice Mills (2016)286 CTR  159 / 134  DTR 223 (SC) (AY. 2016-17)