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Hans Raj vs. Joint Commissioner of Income Tax

Case No: ITA No.3937/DEL/2023 (A.Y.2017-18)
Court: Income Tax Appellate Tribunal, Delhi Bench 'SMC', Delhi
Date: 3/5/2025

Parties Involved

appellantHans Raj
respondentJoint Commissioner of Income Tax

Facts Summary

The assessee, Hans Raj, transferred a residential house to his mother-in-law, Smt. Chander Kala, without any financial transaction. The property was originally purchased by Hans Raj's father-in-law, with part of the purchase consideration sourced through a loan taken by Hans Raj from Punjab National Bank. In 2016, the property was transferred to Smt. Chander Kala. The sale deed erroneously mentioned a cash consideration of Rs. 24,21,000/-. The Assessing Officer levied a penalty under Section 271D of the Income Tax Act, 1961, for accepting cash as consideration. Hans Raj contended that no cash was exchanged and the mention of cash in the sale deed was a mistake.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the delay in filing the appeal is condoned.
  • 2. Whether the penalty under Section 271D of the Income Tax Act, 1961, is justified.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

4 precedents cited in this judgement.

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Hans Raj vs. Joint Commissioner of Income Tax | ITA No.3937/DEL/2023 (A.Y.2017-18) | 2025 | Opakhya