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Section 271D & 271E Penalty Not Leviable for Bona Fide Cash Loans from Agriculturists: ITAT Mumbai

Case Law Details

Case Name
Chemfert Traders (Bombay) Pvt. Ltd. Vs ACIT 1(1) (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2003-04
Advertisement Chemfert Traders (Bombay) Pvt. Ltd. Vs ACIT 1(1) (ITAT Mumbai) The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) allowed the assessee’s appeals and deleted penalties levied under Sections 271D and 271E of the Income-tax Act, 1961. The Tribunal held that where cash loans were accepted from and repaid to agriculturists who had no bank accounts, the transactions were bona fide, undertaken out of business necessity, and not intended to evade tax. Consequently, the assessee had established a reasonable cause under Section 273B, making the penalties unsustainable. T...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,894

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