| Citation(s) |
|---|
| 2015 SLG 1741 2015 SLD 1741 (2015) 370 ITR 50 |
Income Tax Appeal No. 231 of 2003, NOVEMBER 12, 2014
L. NARASIMHA REDDY AND CHALLA KODANDA RAM, JJ.
Y. Ratnakar for the Appellant. J.V. Prasd, Senior Standing Counsel for the
Respondent.
gURUR-aj Mini Roller FlOUR Mills
v.
Additional Commissioner of INCOME TAX
Law:
Section:
JUDGMENT L. Narasimha Reddy, J. - The appellant is a partnership firm. Its partners have also brought into existence some other firms, such as M/s. Venkateshwara Modern Rice Mill, M/s. Yellaiah Gupta Transport. The appellant submitted its returns, year after year, and was being assessed to tax. On the return submitted for the assessment year 1992-93, an order under section 143 of the Income-tax Act, 1961 (for short "the Act"), was passed on March 29, 1995. However, on the allegation that certain payments exceeding Rs. 20,000 were made in cash during that assessment year in violation of section 269T of the Act a show-cause notice was issued proposing to levy penalty under section 271E of the Act. It was alleged that a sum of Rs. 2,48,300 was paid to M/s. Yellaiah Gupta Transport and Rs. 24,000 to Smt. D. Sarada Mohan, through cash. 2. The appellant submitted its explanation stating that it was only a book adjustment to the sister concern, M/s. Yellaiah Gupta Transport, and no cash was paid. As regards the payment to Smt. Sarada Mohan, it was stated that her husband was the legal advisor, and with a view to help her, on account of bereavement due to his death the amount was paid. 3. In respect of the assessment year 1993-94, it was alleged that Rs. 1,99,573 was paid to M/s. Yellaiah Gupta Transport in contravention of section 269T and a sum of Rs. 1,23,000 was received from the said firm in contravention of section 269SS of the Act. Notices, referable to sections 271E and 271D, respectively, were issued. Explanations were also submitted. 4. The Assessing Officer passed three separate orders dated March 27, 1997, levying penalty as proposed through the show-cause notices. Aggrieved by the said order, the appellant filed three appeals before the Commissioner of Income-tax (Appeals)-I, Hyderabad. The appeals were rejected through separate orders dated December 9, 1997. Thereupon, the appellant filed I. T. A. Nos. 151 to 153/HYD/98, before the Hyderabad Bench of the Income-tax Appellate Tribunal. The appeals were dismissed by the Tribunal through a common order dated June 30, 2003. The same is challenged in this further appeal under section 260A of the Act by raising…
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