2024 (12) TMI 1062 - AT - Income Tax

ITAT sets aside penalty under Section 271D as symbolic sale deed for registration didn't involve actual cash transaction

The ITAT Delhi ruled in favor of the assessee in a penalty case under Section 271D for alleged violation of Section 269SS regarding cash transactions for ... Penalty u/s 271D - violation of provisions of Section 269SS - assessee had made transactions for sale of immovable property and had accepted cash - HELD THAT:- Deed mentions that the assessee has received all the sale proceeds. Though the exact dates when sale consideration was paid to the owners/assessee, is not explicitly written in the sale document, it is highly improbable that sales consideration for a property, whose possession was given to the vendee in 2007, would remain pending till 2016. We are therefore, of the considered view that the said sale deed was symbolic and for transfer of ownership rights in the property to the vendee. The deed was drawn only for the purpose of Registration of the property and the amount of Rs 33,80,000/- is only the market value of the assessee share in the said property for the purpose of payment of stamp duty. We do not find any evidence of receipt of cash by the assessee for invocation of penalty under the provisions of section 271D. Assessee appeal allowed. Issues:Imposition of penalty under Section 271D of the Income Tax Act, 1961 without appreciating the facts of the case.Addition based on submissions and conjectures without evidence of cash receipt.Ignoring submissions regarding ancestral Joint Family Property.Legality and justification of penalty under Section 271D.Violation of principles of natural justice in penalty imposition.Analysis:Imposition of Penalty under Section 271D:The appeal challenged the penalty imposed under Section 271D of the Income Tax Act, 1961, amounting to Rs. 33,80,000. The case involved a transaction where the assessee allegedly accepted cash in contravention of provisions, leading to the penalty. The Assessing Officer held that the assessee accepted the cash amount, while the assessee disputed this claim, asserting that the cash was not received as part of the sale consideration. The Tribunal noted that all grounds of appeal were against this penalty, highlighting the central issue in the case.Lack of Evidence for Cash Receipt:The facts of the case revolved around a property sale transaction where the assessee was alleged to have accepted cash of Rs. 33,80,000. The assessee contended that the cash was not received and provided detailed explanations regarding the nature of the transaction, emphasizing the joint family property aspect and the absence of any cash receipt. The Tribunal observed discrepancies in the Assessing Officer's interpretation of the sale deeds and found that the sale deed in question did not explicitly mention cash receipt by the assessee. The Tribunal concluded that there was no concrete evidence of cash receipt, leading to the reversal of the penalty decision.Ancestral Joint Family Property and Legal Heirs:The legal heirship aspect was crucial in the case, with the assessee being the son of one of the brothers who owned the joint family property. The Tribunal considered the lineage and ownership details presented by the assessee, highlighting the complexities arising from joint family properties and succession. The legal representatives' arguments regarding the inheritance and possession of the property added a layer of complexity to the case, influencing the assessment of the alleged cash receipt.Legality and Justification of Penalty:The Tribunal scrutinized the sale deeds, emphasizing the continuity and interrelation between the transactions involving the property. It noted that the sale deeds were drawn for registration and stamp duty purposes, attributing the market value of the property to the heirs. The Tribunal analyzed the language and content of the sale deeds to determine the absence of explicit references to cash receipt by the assessee. This analysis formed the basis for questioning the legality and justification of the penalty under Section 271D, ultimately leading to the decision to delete the penalty amount.Violation of Principles of Natural Justice:The appeal raised concerns regarding the violation of principles of natural justice in the penalty imposition process. The assessee contended that the penalty order was against the principles of natural justice, indicating procedural irregularities or biases in the penalty assessment. The Tribunal's decision to reverse the penalty was influenced by considerations of procedural fairness and adherence to legal principles, ensuring a just outcome in the case.In conclusion, the Tribunal allowed the appeal, directing the Assessing Officer to delete the penalty of Rs. 33,80,000 imposed under Section 271D, based on the lack of concrete evidence supporting the cash receipt allegation and the misinterpretation of the sale deeds.