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Pune ITAT Deletes ₹50 Lakh Penalty U/s 271D; Third-Party Statement Alone Cannot Prove Cash Loan

Case Law Details

Case Name
Mitul Jagdishchandra Shah Vs ITO (ITAT Pune)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2022-23
Advertisement Mitul Jagdishchandra Shah Vs ITO (ITAT Pune) Pune ITAT Deletes ₹50 Lakh Penalty U/s 271D; Third-Party Statement Alone Cannot Prove Cash Loan In a significant ruling, the Pune ITAT deleted a penalty of ₹50 lakh levied under section 271D for alleged violation of section 269SS, holding that the Revenue cannot impose penalty merely on the basis of a third-party statement and loose papers without any independent corroborative evidence proving receipt of a cash loan. The assessee was alleged to have received a cash loan of ₹50 lakh from another person based on information gath...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,842

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