Copy of judgment in Shri Baburao Rambhau Kapte V. Jt. Commissioner of
Income Tax Chandrapur Range, Chandrapur (ITA no.39/Nag./2022)
(ITAT Nagpur) (Refer Page 79-84 of paper book)
Copy of judgment in Noordeen Ahmed Amina V. ITO NFAC New Delhi.
"Admittedly, in the present case, the assessee failed to respond certain notices of
the Assessing Officer, which were issued under sections 143(2) and 142(1),
however, in response, subsequent notices, the assessee has made necessary
replies and accordingly assessment was completed under section 143(3),
therefore, respectfully, following the analogy drawn in the decision referred
to Saleem Ahmed Khan v. Income-tax Officer [2023] 156 taxmann.com 36
(Jabalpur - Trib.)
13. The judicial precedents cited by the ld.AR also lend support to the view
that where cash is received as part of genuine sale consideration of immovable
property and the transaction is duly recorded, section 269SS may not be
invoked in a rigid or mechanical manner. The coordinate bench decisions
referred to by the assessee, namely Noordeen Ahmed Amina v. ITO, Wahid Ali
v. JCIT, and ITO v. R. Dhinagharan HUF (supra), have taken the view that
genuine and disclosed cash sale consideration recorded in registered property
documents does not automatically justify levy of penalty u/s.271D. Though each
case turns on its own facts, the ratio emerging from these decisions is that the
substance of the transaction and the legislative purpose of the provision must
prevail over a purely literal or technical approach.
7. We carefully considered the submissions of the parties. We observe that,
the Ld. AR relied on the decision of the Co-ordinate bench of this Tribunal.
The Co-ordinate bench of this Tribunal, in the case of Noordeen Ahmed
Amina v. ITO, ITA No.1118/Chny/2022 dated 26-07-2023 decided a similar
case in favor of the assessee. In that case, it was observed as under:
In this regard, ld. Counsel for the assessee placed reliance on the decision of
ITAT in the case of Noordeen Ahmed Amina vs. ITO in ITA
No.1118/Chny/2022 for AY 2018-19 vide order dated 26.07.2023 wherein
the Tribunal has held as under :-
7. Having heard the rival arguments and on a perusal of the material
available on record and gone through the orders of the authorities below, we
find that similar issue came up before the Co-ordinate Bench of the Tribunal,
Chennai Bench, wherein one of us (Judicial Member) is a party to that order
dated 26/07/2023, passed in Noordeen Ahmed Amina v/s ITO, ITA
no.1118/Chny./2022, for the assessment year 2018-19, and the issue before
the Tribunal in Noordeen Ahmed Amina (supra) was, the penalty was levied
by the Assessing Officer on the finding that the assessee has received ` 5 lakh
in cash on sale of immovable property of ` 50 lakh, which was held to be in
contravention of the provisions of section 269SS of the Act. The relevant
Page | 4
Shri Baburao Rambhau Kapte
ITA no.39/Nag./2022
findings of the Tribunal, Chennai Bench, in deleting the penalty imposed by
the Assessing Officer under section 271D of the Act and confirmed by the
learned CIT(A) by observing as follows:-