2009 (11) TMI 911

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....d ORDER PER N.R.S.GANESAN, JUDICIAL MEMBER: This appeal of the assessee is directed against the order of the CIT (Appeals) V, Hyderabad, dated 14-9-2007, and pertains to asst. year 2003-04. 2. Shri Murali Mohan Rao, learned representative for the assessee, submitted that the assessee is engaged in the business of development and export of software. According to the learned representati....

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....o the learned representative, due to business necessity the assessee was forced to receive cash. Therefore, there cannot be levy of penalty under sec. 271D of the Income-tax Act, 1961. 3. On the contrary, Shri E.S.Nagendra Prasad, learned departmental representative, submitted that the assessee had taken cash loan of Rs. 2,00,000 from two individuals on 5-3-2003. The assessee clarified before t....

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....e Department is that the salary is paid in the first week of every month and, therefore, the assessee would have made some arrangement to get the money through banking channels. However, the fact remains that the assessee received Rs. 2,00,000 from two individuals and deposited the same on the very same day with ICICI Bank and paid the salary on that day itself. Payment of salary is one of the imp....