1999 (12) TMI 50

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.... -- In this application under section 256(2) of the Income-tax Act, 1961, the assessee seeks reference of the following questions for consideration of this court: "1. Whether, on the facts and in the circumstances of the case, the Tribunal was not justified in confirming the penalty of Rs. 92,000 under section 271D of the Income-tax Act? 2. Whether, on the facts and in the circumstances of t....

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....e petitioner took a cash loan of Rs. 92,000 during the months of February and March, 1989, in violation of the provisions of section 269SS of the Income-tax Act. Penalty of an equal amount was levied under section 271D by the Deputy Commissioner of Income-tax. It is not in dispute that penalty could be levied only if reasonable cause is not established. Against the order of the Deputy Commissioner....

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....The Tribunal then observed that no exceptional circumstances warranting the cash payments, "such as absence of banking facilities at the place of payment, payments having taken place after the banking hours or on bank holidays, etc." have been made out by the assessee. That is the only reason assigned by the Tribunal in upholding the levy of penalty. It is also interesting to note that the Tribuna....