Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
The ITAT held that penalty under section 271D could not stand because the AO proceeded on an incorrect premise that receipt of cash on transfer of immovable property through a subsisting GPA made section 269SS applicable. A sale deed could validly be executed through a GPA until cancelled, and there was no material that the GPA had been cancelled before execution of the sale deed. On that basis, the invocation of the penal provision was erroneous, and the Tribunal followed co-ordinate Bench decisions on the same issue. The appeal was allowed and the penalty deleted.
The ITAT held that penalty under section 271D could not stand because the AO proceeded on an incorrect premise that receipt of cash on transfer of immovable property through a subsisting GPA made section 269SS applicable. A sale deed could validly be executed through a GPA until cancelled, and there was no material that the GPA had been cancelled before execution of the sale deed. On that basis, the invocation of the penal provision was erroneous, and the Tribunal followed co-ordinate Bench decisions on the same issue. The appeal was allowed and the penalty deleted.
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