Section 269T in The Income Tax Act, 1961
269T. [ Mode of repayment of certain loans or deposits. [Substituted by Act 20 of 2002, Section
conclusion that the respondent-assessee had violated the
mandatory provisions of Section 269T of the Act. Section 269T of the Act
is being extracted hereunder ... 269T. No branch of a banking company or a co-operative bank
and no other company or co-operative society and no firm or
other
payee cheque or account payee bank
draft within the meaning of Section 269T to attract levy of
penalty under Section 271E of the Income ... taken against
the assessee for violating the provisions of Section 269T of the Act. The
assessee opposed the show-cause notice by filing a detailed
withdrawal from the deposits by way of repayment inviting operation of Section 269T. Finding that such transactions of deposit and repayment were not through ... category of deposits under Section 269SS and repayment under Section 269T nor the penalty was otherwise justified because the Commissioner of Income-tax (Appeals) also
complainant is that the repayments were made in contravention of s. 269T of the Act inasmuch as they were made in cash instead ... acquitted the petitioners on the ground that the provisions of s. 269T of the Act were not attracted as it was not a case
Muthoot M. George Chitty, Faridabad, in violation of the provisions of Section 269T of the Income-tax Act, 1961 and therefore levied penalty under Section ... meaning of Section 269SS or as deposits within the meaning of Section 269T . Further, it was contended that the interest paid to the sister concerns
Borkar, learned counsel for the petitioner placed
reliance on sections 269SS and 269T of the Income Tax Act, 1961 in
support of his submission that ... payee
bank draft in view of the bar under sections 269SS and 269T of the
Income Tax Act, 1961. He also placed reliance
automatic in cases of not complying with the provisions of Section 269T . Further it is contended that the assessee had availed the loan ... share application money. Hence there is no violation of provision of Section 269T of the Act by the assessee and therefore, the assessee
view that there was a violation of the provisions of Section 269T of the Income-tax Act, 1961, and levied penalty ... Commissioner of Income-tax held that the provisions of Section 269T speak of mode of repayment of loan, i.e., by account payee cheque
view that there is contravention of provisions of section 269SS/269T
of the Act since assessee received and repaid loan/deposit over and
above ... that the journal entries are not covered within the
violation of Section 269T is rejected. However, the transactions
covered by the journal entries are made