Maheshkumar Laljidas Patel Vs. The Income Tax Officer

Parties Involved

Facts Summary

The present appeal filed by the assessee, Maheshkumar Laljidas Patel, is directed against an order dated 09.01.2024 passed by the Learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, arising out of a penalty order under Sections 271E of the Income-tax Act, 1961 for Assessment Year 2013-14. The appellant received a show cause notice on 17/05/2019 requesting an explanation about an alleged loan repaid in cash of Rs.5,79,075/- to Shri Jagdishkumar Laljibhai Patel after the conclusion of assessment proceedings. The appellant argued that the penalty was imposed without giving a reasonable opportunity to be heard, violating the principles of natural justice. The appellant also contended that the penalty under section 271E could not survive if the penalty under section 271D for accepting a loan in cash was not sustainable.…

Legal Issues

• 1. Whether the penalty was imposed without giving a reasonable opportunity to be heard?
• 2. Whether the penalty under section 271E could survive if the penalty under section 271D for accepting a loan in cash is not sustainable?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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