Income Tax : This guide explains the penalty and prosecution framework under the Income-tax Act for AY 2026-27. It highlights the consequences ...
Income Tax : This FAQ serves as a reference for the Income-tax Act provisions relating to cash receipts, loans, repayments, and electronic paym...
Income Tax : The article explains how offences such as wilful tax evasion, failure to file returns, non-payment of TDS/TCS, falsification of re...
Income Tax : This article outlines major offences under the Income-tax Act that may result in prosecution, including tax evasion, non-payment o...
Income Tax : This article explains the statutory powers of the Principal Commissioner or Commissioner to waive or reduce penalties in genuine c...
Income Tax : ITAT held the Section 271D penalty was time-barred under Section 275(1)(c) as it was imposed after the prescribed limitation perio...
Income Tax : ITAT held that penalty under Section 271D cannot survive where the Assessing Officer failed to record satisfaction in the assessme...
Income Tax : ITAT held that penalty under Section 271D is invalid where the Assessing Officer failed to record satisfaction in the assessment o...
Income Tax : ITAT held that penalty under Section 271D cannot survive where the Assessing Officer failed to record satisfaction in the assessme...
Income Tax : Gujarat High Court upheld deletion of the Section 271D penalty, holding that absence of recorded satisfaction in the assessment or...
Income Tax : It is a settled position that period of limitation of penalty proceedings under section 271D and 271E of the Act is governed by th...
Income Tax : It has been brought to notice of CBDT that there are conflicting interpretations of various High Courts on the issue whether the l...
The Madras High Court held that a cash loan advanced in violation of Section 269SS of the Income Tax Act remains legally recoverable. It ruled that the breach may attract statutory penalties but does not invalidate the underlying transaction or bar recovery through a civil suit.
The Gujarat High Court quashed the reinitiated penalty proceedings after the Assessing Officer failed to pass a fresh order within the 12-week period fixed by the Court. It held that non-compliance with the earlier judicial directions warranted setting aside the show-cause notices.
The Tribunal ruled that recording satisfaction in the assessment order is mandatory before initiating penalty under Section 271D. In the absence of such satisfaction, the penalties were deleted.
The ITAT held that penalties under Sections 271D and 271E could not be sustained because the Assessing Officer failed to record satisfaction regarding violations of Sections 269SS and 269T in the assessment order. The Revenue’s appeals were dismissed.
The Kerala High Court held that factual disputes relating to a penalty under Section 271D must first be examined through the statutory appellate mechanism. It declined to interfere with the penalty order while granting additional time to file an appeal.
The ITAT held that an untested third-party statement, without supporting evidence or cross-examination, cannot form the sole basis for imposing penalty under Section 271D. It deleted the penalty after finding the Revenue failed to establish the alleged cash loan.
This FAQ serves as a reference for the Income-tax Act provisions relating to cash receipts, loans, repayments, and electronic payment compliance. It also highlights the statutory thresholds, exceptions, and penalties for various defaults.
ITAT Rajkot held that cash transactions between close family members do not constitute loans or deposits under Sections 269SS and 269T. Following the Gujarat High Court’s precedent, it deleted penalties under Sections 271D and 271E.
The ITAT observed that recording satisfaction for one penalty provision cannot substitute the statutory requirement for initiating proceedings under Section 271D. The penalties were therefore set aside following the Supreme Court’s decision in Jai Laxmi Rice Mills.
The article explains how offences such as wilful tax evasion, failure to file returns, non-payment of TDS/TCS, falsification of records, and non-compliance with tax notices can trigger prosecution under the Income-tax Act.
