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Section 271D Penalty Quashed Because Transaction Was Accepted as Genuine
Case Law Details
- Case Name
- Jagdish Prashad Gupta Vs JCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Delhi
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Jagdish Prashad Gupta Vs JCIT (ITAT Delhi)
No Addition, No Penalty – Section 271D Quashed
The ITAT Delhi held that penalty of ₹9.80 lakh under Section 271D was unsustainable where cash received on sale of immovable property was duly deposited in the bank and offered to tax. The Assessing Officer, while completing assessment under Section 143(3), did not doubt the genuineness or source of the transaction and made no addition under Section 68, thereby accepting the transaction as genuine. The Tribunal held that once the primary transaction itself is accepted, penalty for vio...





