2023 (9) TMI 440

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....appeals filed by the same assessee are against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short "Ld. CIT(A)"), National Faceless Appeal Centre (in short "NFAC"), Delhi on 26.04.2023 & 27.03.2023 for A.Ys. 2013-14 & 2016-17. 2. As all the grounds of appeal are identical in both the appeals except the figure so we are only raised the grounds of ITA No. 338/Ahd/2023 for ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Officer on receipt of information from DDIT (Investigation) observed that assessee has accepted loan of Rs. 1,70,000/- during the relevant period from The Berna Gamni Seva Sahkari Mandali Ltd. The Assessing Officer based on the said information issue show-cause notice dated 13.05.2019 for levy of penalty under Section 271D for contravention of Section 269SS of the Act. The assessee filed reply da....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Being aggrieved by the said penalty order the assessee filed appeal before the CIT(A). The CIT(A) dismiss the appeal of the assessee. 6. The Ld. A.R. submitted that since the assessee is an agriculturist there was no regular assessment done by the authorities. Therefore, the question of contravention of Section 269SS of the Act does not sustain. The Ld. A.R. further submitted that all the docu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ailable on record. It is pertinent to note that there was no regular assessment done in assessee's case as the assessee is an agriculturist. Further, the Assessing Officer as well as the CIT(A) has not doubted the bank statement of the assessee wherein the amount of Rs. 2,30,000/- which was transferred from The Berna Gamni Seva Sahkari Mandali Ltd. was shown dated 24.05.2012. The transactions as w....