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    <title>2024 (10) TMI 1768 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Penalty under section 271D premised on an alleged contravention of section 269SS cannot be sustained absent a recorded finding by the Assessing Officer that cash loans were accepted. The High Court held that the AO did not record satisfaction of a statutory breach and apparently accepted the assessee&#039;s explanation; therefore a superior officer (Joint Commissioner) could not independently levy the penalty. The consequence is that a penalty order imposed without the AO&#039;s recorded satisfaction is invalid and was set aside; the writ petition was allowed.</description>
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    <pubDate>Fri, 04 Oct 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=466439</link>
      <description>Penalty under section 271D premised on an alleged contravention of section 269SS cannot be sustained absent a recorded finding by the Assessing Officer that cash loans were accepted. The High Court held that the AO did not record satisfaction of a statutory breach and apparently accepted the assessee&#039;s explanation; therefore a superior officer (Joint Commissioner) could not independently levy the penalty. The consequence is that a penalty order imposed without the AO&#039;s recorded satisfaction is invalid and was set aside; the writ petition was allowed.</description>
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      <pubDate>Fri, 04 Oct 2024 00:00:00 +0530</pubDate>
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