Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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Penalty levied u/s 271D for contravention of Section 269SS, which restricts cash transactions above a specified sum for immovable property. The key points are: The Assessing Officer (AO) failed to reconcile the assessment order and penalty order regarding the violation of Section 269SS. The penalty order should have referenced the AO's communication proposing the penalty initiation. The AO is required to record the satisfaction of Section 269SS violation and reference for penalty initiation in the assessment order itself. The interpretation of "specified sum" as a residuary term encompassing all cash transactions beyond a specified amount is incorrect. The amended Section 269SS applies to cash received as an advance for immovable property transactions, not to the final payment made at the time of registration and execution of the sale deed. The assessee had received cash against the sale of multiple registered sale deeds, not as an advance. Since the payment was made before the sub-registrar during registration, it does not violate Section 269SS. Consequently, the penalty levied u/s 271D is against the provisions of law and is quashed by the Appellate Tribunal.
Penalty levied u/s 271D for contravention of Section 269SS, which restricts cash transactions above a specified sum for immovable property. The key points are: The Assessing Officer (AO) failed to reconcile the assessment order and penalty order regarding the violation of Section 269SS. The penalty order should have referenced the AO's communication proposing the penalty initiation. The AO is required to record the satisfaction of Section 269SS violation and reference for penalty initiation in the assessment order itself. The interpretation of "specified sum" as a residuary term encompassing all cash transactions beyond a specified amount is incorrect. The amended Section 269SS applies to cash received as an advance for immovable property transactions, not to the final payment made at the time of registration and execution of the sale deed. The assessee had received cash against the sale of multiple registered sale deeds, not as an advance. Since the payment was made before the sub-registrar during registration, it does not violate Section 269SS. Consequently, the penalty levied u/s 271D is against the provisions of law and is quashed by the Appellate Tribunal.
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