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Income Tax

Initiation of Section 271D/271E penalty must arise out of assessment proceedings

Case Law Details

Case Name
Srinaga Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Srinaga Vs ITO (ITAT Bangalore) In the case of Srinaga vs. ITO (ITAT Bangalore), the Bangalore Bench of ITAT ruled that the initiation of penalty under Sections 271D and 271E of the Income Tax Act must be linked to the assessment proceedings and must be clearly mentioned in the assessment order. The Tribunal also noted that a temporary loan borrowed by the assessee from close family members without any interest could not be classified as a loan or deposit subject to these penalty provisions. The assessee faced penalties under Sections 271D and 271E for accepting and repaying cash loans exceedi...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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