Case Number: ITA 5802/DEL/2019
Appellant: Sumit Juneja, New Delhi
Respondent: ITO Ward 62(5), New Delhi
Assessment Year: 2014-15
Result: Appeal dismissed
Case Filed on: 2019-07-03
Order Type: Final Tribunal Order
Date of Order: 2023-02-28
Pronounced on: 2023-02-28
This appeal by Sumit Juneja (the appellant) pertains to the assessment year 2014-15 and is directed against the order dated 30.07.2018, passed by the learned Commissioner of Income-tax (Appeals)-20, New Delhi. The appeal was heard on 22nd February 2023 and pronounced on 28th February 2023 before the Income Tax Appellate Tribunal (ITAT), Delhi Bench “SMC”, New Delhi.
The appellant filed an appeal against the assessment order passed by the Income Tax Officer (ITO), Ward 62(5), New Delhi, for the assessment year 2014-15. The appeal challenges the imposition of a penalty of Rs. 5,50,000/- under Section 271E of the Income Tax Act, 1961, for repayment of loans in cash, allegedly in violation of Section 269T of the Act.
The appellant raised the following grounds of appeal:
The hearing was held on 22nd February 2023, but no one attended on behalf of the appellant despite various opportunities. The case was decided based on the material available on record.
The respondent, represented by Shri Om Parkash, supported the orders of the authorities below, justifying the imposition of the penalty.
The tribunal, comprising Shri Kul Bharat, Judicial Member, reviewed the facts and material available on record. The learned CIT(Appeals) had upheld the penalty by noting that the appellant failed to produce necessary evidence to justify the cash repayments.
The CIT(Appeals) found that:
The tribunal concluded that the appellant failed to rebut the findings of the CIT(Appeals). Consequently, the appeal was dismissed, and the penalty of Rs. 5,50,000/- imposed by the Assessing Officer was upheld.
Order Pronounced in Open Court on 28th February, 2023.
Signed:
Kul Bharat, Judicial Member
Dated: 28th February, 2023
MP
Copy Forwarded to:
Assistant Registrar, ITAT, New Delhi
Sumit Juneja vs ITO Ward 62(5), New Delhi: Penalty under Section 271E
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