TaxTMI 
TaxTMI 
2026 (6) TMI 1189
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....t, 1961 (hereinafter referred to as 'the Act') by the Addl. CIT, Central Range-4, New Delhi and DCIT Central Range- 4, New Delhi (hereinafter referred to as the 'AO') pertaining to Assessment Years (A.Y.) 2018-19, 2019-20 and 2020-21 respectively. Since common issues are involved in these appeals, the same are being disposed off by way of this common order for the sake of convenience and brevity. 2. Ground of appeal filed by the assessee (ITA No.- 7763/Del/2025) are reproduced as under: "01. That on facts and circumstances of the case and as per the provisions of law, the order passed by the Ld. CIT (Appeal) under section 271DA of the act is bad both in the eyes of law and on facts. 02. That on the facts and circumstanc....
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....iving proper opportunity to being heard. 09.That the impugned Penalty order is arbitrary, illegal, bad in law and in violation of rudimentary principles of contemporary jurisprudence. 10.That the Appellant craves leave to add/alter any/all grounds of appeal before or at the time of hearing of the Appeal." 2.1 Ground of appeal filed by the assessee (ITA No.- 7764/Del/2025) are reproduced as under: "01. That on facts and circumstances of the case and as per the provisions of law, the order passed by the Ld. CIT (Appeal) under section 271DA of the act is bad both in the eyes of law and on facts. 02. That on the facts and circumstances of the case and as per the provisions of the law, the Ld. CIT(A) has fa....
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....y order is arbitrary, illegal, bad in law and in violation of rudimentary principles of contemporary jurisprudence. 10.That the Appellant craves leave to add/alter any/all grounds of appeal before or at the time of hearing of the Appeal." 2.2 Ground of appeal filed by the assessee (ITA No.- 7765/Del/2025) are reproduced as under: "01. That on facts and circumstances of the case and as per the provisions of law, the order passed by the Ld. CIT (Appeal) under section 271DA of the act is bad both in the eyes of law and on facts. 02. That on the facts and circumstances of the case and as per the provisions of the law, the Ld. CIT(A) has failed to appreciate that the penalty order passed u/s 271DA is illegal bad in ....
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....s of contemporary jurisprudence. 10. That the Appellant craves leave to add/alter any/all grounds of appeal before or at the time of hearing of the Appeal." Firstly, we take up ITA No.- 7763/Del/2025 for A.Y. 2018-19 as a lead case. 3. Brief facts of the case are that the assessee filed his return of income for A.Y. 2018-19 on 25.07.2018, declaring income of Rs. 15,23,210/-. Subsequently, a search action u/s 132 was conducted on 23.03.2021 in Shri. Parasmal Jain & Balar Marketing Group of cases, during the course of which documents relating to Hawala cash transactions were found and seized. It was seen that the assessee had received cash of Rs. 10,00,000/- through hawala cash token from a group entity. Accordingly, the case o....
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....d to be ascertained whether the cash exceeding Rs. 2 lakhs was paid on any one day in relation to single transaction by the assessee so as to attract the penal provisions. In this regard, relevant provisions of section 269ST are reproduced as under: "Mode of undertaking transactions. 269ST. No person shall receive an amount of two lakh rupees or more- (a) in aggregate from a person in a day; or (b) in respect of a single transaction; or (c) in respect of transactions relating to one event or occasion from a person, otherwise than by an account payee cheque or an account payee bank draft or use of electronic clearing system through a bank account or through such other electronic mode as m....