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Swarnjitsingh Anand v/s Asstt. Commissioner of Income Tax

Case No: ITA no.8/Nag./2024
Court: Income Tax Appellate Tribunal, Nagpur Bench
Date: 9/9/2024

Parties Involved

appellantSwarnjitsingh Anand
respondentAsstt. Commissioner of Income Tax, Range, Akola

Facts Summary

The assessee, Swarnjitsingh Anand, is a senior citizen who retired from the Maharashtra State Electricity Board and relies on income from his pension. During the assessment year 2018-19, he sold a residential property in Amravati for Rs. 13,00,000. The property was sold on 19/01/2018, but the assessee received the entire payment in cash prior to 15/02/2015. The Assessing Officer and the Commissioner of Income Tax (Appeals) questioned the delay in the registration of the property and imposed a penalty under section 271D of the Income Tax Act. The assessee appealed against this order, arguing that the penalty was unwarranted as the transaction occurred before the amendment of section 269SS and that he had disclosed the income in his return.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the Commissioner of Income Tax (Appeals) erred in not considering the explanation of the assessee regarding the delay in registration of the property.
  • 2. Whether the penalty imposed under section 271D was justified.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

6 precedents cited in this judgement.

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