2014 (5) TMI 436 - HC - Income Tax

Appeal Dismissed, Upholding Penalty for Breach of Sections 271D and 269SS

The High Court dismissed the appeal, upholding the penalty under Section 271D for breaching Section 269SS. The Court agreed with the Tribunal's decision, ... Penalty u/s 271D - Acceptance of loan in Cash by the appellant firm from its agriculturist customer - violation of provisions of section 269SS - Refusal to take cognizance of extract of cash book – Documentary evidence furnished or not – Held that:- it was noticed by the appellate authority that the plea of due exigency was not acceptable as according to it the loan was taken for discharging another bank loan and in such circumstances it could be by cheque. - it was concluded that the assessee had failed to establish that there existed reasonable cause in taking or accepting any loan or deposit otherwise than by an account payee cheque or account payee bank draft. - The view which has been taken by the Assessing Officer, CIT (A) and the Tribunal concurrently is a plausible view and it cannot be said that there was any error in the approach adopted by them. The assessee-firm had accepted loan in cash on 29.12.2005 from Shri Jugraj Singh - The assessee-firm was issued repeated show cause notices dated 19.1.2009, 24.4.2009 and 14.5.2009 but the assessee did not avail the opportunity to give any explanation justifying the transaction of accepting loan of ₹ 5 lacs from Jugraj Singh in cash in violation of provisions of Section 269SS of the Act - cash book showing deposit of ₹ 5 lacs from Jugraj Singh and on the other side there was entry of ₹ 5,10,726/- in cash deposited with PSB is submitted - even this was unsigned and in any case this by itself would not justify taking of loan in cash from Jugraj Singh. There is no reason to interfere in the order - Tribunal had recorded finding of reasonable cause under Section 273B of the Act and on that basis, it was held that no substantial question of law arose. – Decided against Assessee. Issues Involved:1. Refusal to take cognizance of the cash book extract by the Tribunal.2. Tribunal's finding on the lack of documentary evidence or explanation by the appellant.3. Penalty under Section 271D for breach of Section 269SS.4. Urgent need for funds and bona fide belief regarding cash transactions with agriculturists.5. Premature observations and findings by the Tribunal.Issue-wise Detailed Analysis:1. Refusal to Take Cognizance of the Cash Book Extract:The appellant firm argued that the Tribunal erred in refusing to consider the cash book extract dated 29.12.2005, which was furnished during the appeal hearing. The Tribunal had initially acknowledged the extract, raised queries, and called for counter submissions from the departmental representative. However, the Tribunal ultimately disregarded the extract in its final decision, which the appellant claimed was improper as no objections were raised during the hearing.2. Lack of Documentary Evidence or Explanation:The Tribunal upheld the finding that the appellant firm did not furnish any documentary evidence or explanation before the lower authorities or the Tribunal itself. The Tribunal noted that the appellant's counsel advanced arguments without providing any documentary evidence or valid explanation. The Tribunal emphasized that arguments alone, without supporting evidence, cannot be regarded as a sufficient explanation.3. Penalty Under Section 271D for Breach of Section 269SS:The appellant firm was penalized under Section 271D for accepting a cash loan of Rs. 5 lacs from an agriculturist customer, which violated Section 269SS of the Act. The appellant contended that the loan transaction was recorded in the books of account and the genuineness or source of the loan was not doubted by the Assessing Officer (AO). However, the Tribunal and lower authorities found that the appellant did not provide a reasonable cause for accepting the loan in cash, thereby justifying the penalty.4. Urgent Need for Funds and Bona Fide Belief:The appellant firm argued that the cash loan was taken under compelling circumstances to discharge an outstanding bank liability, believing that cash transactions with agriculturists were permissible. The Tribunal, however, found that the appellant did not establish any business exigency or urgency that necessitated the cash loan. The Tribunal also noted that the appellant failed to demonstrate that neither the firm nor the lender maintained a bank account, which could have facilitated a cheque transaction.5. Premature Observations and Findings:The appellant claimed that the Tribunal's findings and observations were premature and not based on a thorough examination of the facts. The Tribunal, however, concluded that the appellant failed to prove a reasonable cause for accepting the cash loan and upheld the penalty imposed by the AO and CIT(A).Conclusion:The High Court dismissed the appeal, finding no merit in the arguments presented by the appellant. The Court concurred with the Tribunal's decision, noting that the appellant did not provide sufficient evidence or justification for the cash loan transaction. The concurrent findings of the AO, CIT(A), and Tribunal were deemed plausible, and no substantial question of law was found to warrant interference. The appeal was thus dismissed, and the penalty under Section 271D for breaching Section 269SS was upheld.