Bhim Singh Daga v. Income Tax Officer

Parties Involved

Facts Summary

The assessee, Bhim Singh Daga, had sold four pieces of agricultural land during the assessment year 2017-18 and received a total sum of Rs. 53,00,000/- as sale consideration. Out of this, Rs. 29,00,000/- was received in cash. The Assessing Officer (AO) found that the assessee had contravened the provisions of section 269SS of the Income Tax Act, 1961, and issued a notice initiating penalty proceedings under section 271D. The assessee did not comply with the notice. The case was referred to the Verification Unit through the Insight Portal. Despite being provided opportunities to represent his case, the assessee failed to establish that the transactions were genuine and bonafide. Consequently, the AO levied a penalty of Rs. 29,00,000/-. The assessee appealed to the Commissioner of Income Tax (Appeals), who dismissed the appeal on account of limitation. The assessee then appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. Whether the penalty order under section 271D of the Income Tax Act, 1961, is bad in law, illegal, and void ab initio as it was passed ex parte without affording adequate and reasonable opportunity of hearing to the assessee?
• 2. Whether the delay in filing the appeal before the Commissioner of Income Tax (Appeals) can be condoned?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Sh. Prem Singh Saini vs. Addl. CIT

  Jaipur bench

• Subramanian Manoharan vs. The Income Tax Officer

  Chennai bench

• Satyajae Shanbor Gupta Vs Income Tax Officer

  Delhi bench

• Mr. Prasanna Kantilal Mehta vs. The DCIT, Central Circle

  Pune bench

• Sapna Jain vs JCIT Range-63

• Trupti Kamalkant Tiwari vs ITO, Ward-3(4), Nagpur

  Nagpur bench