2025 (9) TMI 354

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....4, Delhi under section 271D of the Income-tax Act, 1961 (hereinafter referred to as "the Act") vide his order 27.08.2019 for the assessment year 2017-18. 2. At the outset, it is noticed that this appeal of assessee is barred by limitation by 47 days. As per Form No. 36, the appellate order by CIT(Appeals), confirming levy of penalty u/s. 271D of the Act for assessment year 2017-18, was passed on 30.07.2023 and was received on the same date. Accordingly, the appeal before the Tribunal was to be filed by 28.09.2023, but the appeal was actually filed on 14.11.2023 thereby there is a delay of 47 days. The assessee has filed application for condonation of delay stating that the assessee was 80 years old and was suffering from several old age ....

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....assessee, Late Shri Nanak Chand was having part of this 107 sq. yards property, which is an old house situated in village Kilokari presently known as Hari Nagar Ashram, New Delhi. As per the sale deed dated 29.06.2016, the assessee registered the entire third floor without terrace rights to Shri Suraj Bhan Gupta. The details of sale consideration are as under: - 1. For property bearing no.1 (total Cash Rs. 21,00,000/-): CASH DATED AMOUNT Cash 06/04/2016 Rs. 5,00,000/- Cash 15/04/2016 Rs. 5,00,000/- Cash 25/04/2016 Rs. 2,50,000/- Cash 05/05/2016 Rs. 2,50,000/- Cash 15/05/2016 Rs. 2,00,000/- Cash 25/05/2016 Rs. 1,00,000/- Cash 30/05/2016 Rs. 1,50,000/- Cash....

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....urchasers, Shri Suraj Bhan Gupta the trird floor and Sh. Arun Kumar Mittal the shop at ground floor. The collaboration agreement dated 31.01.2015 is between the assessee, Shri Nanak Chand and others and the builder, Shri Arun Kumar Mittal and Ajay Gupta as per copy of collaboration agreement. Actually, the assessee has not received any amount as mentioned in the sale deed, but he being an illiterate person, could not understand entire factum of the deal because he understood that the builder has sold his portion of third floor and shop No. 3 on ground floor as mentioned in collaboration agreement. But the JCIT after getting the information, initiated penalty proceedings u/s. 271D of the Act in violation of the provisions of section 269SS of....

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....e that the builder, namely, Arun Mittal and Ajay Gupta has carried out construction of four floors of this building and for that purpose they have retained third floor and shop No. 3 on ground floor and in turn, the builder transferred this third floor to Shri Suraj Bhan Gupta. Shop No.3 on ground floor to was transferred to Sh Arun Kumar Mittal without any consideration. Assessee denied having received cash of Rs. 26,50,000/- and the JCIT has not examined either Shri Suraj Bhan Gupta, the purchaser or the builder, Shri Arun Mittal and Ajay Gupta. In the peculiar facts of this present case, we are of the view that it is not conclusively proved that the assessee has received the above-mentioned cash. Even otherwise, as per the practice in ho....