2019 (1) TMI 847 - AT - Income Tax

Tribunal deletes penalty under Income-tax Act citing reasonable cause defense

M/s. P.R. Associates Versus ACIT, Range-3, Pune

M/s. P.R. Associates Versus ACIT, Range-3, Pune - [2019] 70 ITR (Trib) 469 (ITAT [Pune]) Issues:Confirmation of penalty under section 271D of the Income-tax Act, 1961 for violation of section 269SS.Analysis:The appeal arose from the order confirming the penalty under section 271D of the Income-tax Act, 1961, related to the Assessment Year 1999-2000. The Tribunal remitted the matter to the CIT(A) for disposal of the limitation issue and merits, which led to the dismissal of the appeal by the CIT(A) and subsequent appeal before the Tribunal by the assessee.During the assessment proceedings, it was found that the assessee accepted cash loans from a group, leading to penalty proceedings under section 271D for violating section 269SS. The AO imposed a penalty based on the cash loans received. The CIT(A) enhanced the penalty amount after considering objections from the assessee. In the fresh proceedings, the penalty was upheld by the CIT(A).The Tribunal noted that the assessee indeed received loans in cash, violating section 269SS, triggering penalty under section 271D. However, the Tribunal highlighted section 273B, which provides for no penalty if a reasonable cause is proven for the failure leading to the penalty. The assessee argued that due to financial difficulties and existing liabilities, loans were taken in cash from the unorganized finance sector, supported by the fact that the business was inoperative for several years.The Tribunal found the assessee's reasons to be a reasonable cause justifying the violation of section 269SS. The financial situation, coupled with the mismatch between bank liabilities and asset value, supported the assessee's claim. As a result, the penalty of Rs. 88,18,000 was ordered to be deleted.Given the decision to delete the penalty based on merits, the Tribunal did not delve into the limitation issue raised by the assessee. Consequently, the appeal was allowed to the extent of deleting the penalty.In conclusion, the Tribunal's decision focused on the violation of section 269SS leading to a penalty under section 271D, with a detailed analysis of the reasonable cause provided by the assessee to justify the violation and the subsequent deletion of the penalty based on the provisions of section 273B.