Tribunal held that the objective of the amendment proposed in S. 269SS is to curb generation of black money. On the facts the cash received by the assessee has been deposited by him into the bank account. Hence the same does not attract the provisions of S 269SS since there is no suppression of cash receipts by the assessee. The assessee has also offered the capital gains to tax. Further, the explanation given by the assessee for receipt of sale consideration in cash that it was a distress sale constitutes a “reasonable cause” as contemplated in S. 273B and the assessee has accepted the cash under inevitably unavoidable circumstances as explained by the Authorised Representative in his arguments and immediately on receipt of the cash, the assessee deposited the same in the bank account which contemplates the genuineness of the transaction and moreover, the assessee has paid the capital gain tax thereon. Under these circumstances, the penalty levied by the AO under s. 271D and confirmed by the CIT(A) is unsustainable. Penalty is deleted. (AY. 2017-18)
Vijapurapu Sudha Rao L/R Of Vijapurapu Suryanarayana Rao (Smt.) v. ITO [2023] 157 taxmann.com 669 /(2024) 228 TTJ 131 / 234 DTR 276 / 38 NYPTTJ 47 (Vishakha) (Trib)
S. 271D : Penalty-Takes or accepts any loan or deposit-Sale of property-Distress sale constitute reasonable cause-Cash deposited in the bank-Levy of penalty is deleted.[S. 269SS, 273B]
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