HomeDirect TaxRs. 20 Lakh Penalty for Cash Receipt in Property Sale Quashed: ITAT

Rs. 20 Lakh Penalty for Cash Receipt in Property Sale Quashed: ITAT

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

In a significant ruling with implications for real estate transactions, the Income Tax Appellate Tribunal (ITAT) Cochin Bench has deleted a penalty of rS. 20 lakh imposed on an assessee for allegedly violating Section 269SS of the Income Tax Act, 1961. The penalty had been levied under Section 271D for receiving a part of the sale consideration in cash during an immovable property transaction.

The division bench comprising Satbeer Singh Godara (Judicial Member) and Amarjit Singh (Accountant Member) observed that the Rs. 20 lakh cash amount represented part of the sale consideration, which was received by the assessee as the vendor from the purchaser. It was undisputed that the assessee had disclosed all particulars of the buyer and the transaction.

The appeal was filed by Bhaskar Thattaruthodiyil Nair, a Palakkad-based taxpayer, against the order of the National Faceless Appeal Centre (NFAC), Delhi. The NFAC had confirmed the levy of penalty by the Assessing Officer, holding that the cash receipt violated the statutory provisions designed to curb unaccounted money in property dealings.

Referring to earlier judicial precedents, including the ITAT Hyderabad ruling in Ramkumar Reddy Satty v. ACIT (2024) and R. Dhinagharan (HUF) v. ITO (2023), the Tribunal emphasized that the legislative intent behind Section 269SS was to prevent unaccounted money being circulated as advance payments. The provision primarily applies to “specified sums” received as advance or otherwise prior to registration, not to final payments made at the time of executing a sale deed before the Sub-Registrar.

The bench noted that in Bhaskar Nair’s case, the amount was received as final payment at the time of property registration in the presence of the Sub-Registrar. As such, there was no violation of Section 269SS, and consequently, the penalty under Section 271D was not justified.

Section 269SS bars acceptance of ₹20,000 or more in cash as loans, deposits, or specified sums (advances) related to immovable property transfers.

ITAT clarified that final sale consideration received in cash at the time of registration, duly recorded and disclosed, does not attract the penalty provisions.

The Tribunal also aligned its decision with the Finance Bill, 2015 memorandum, which clarified that the provision aimed at curbing black money generated from unaccounted advance payments.

Setting aside the NFAC’s order, the ITAT allowed the assessee’s appeal and directed deletion of the ₹20 lakh penalty. Tax experts view this as a taxpayer-friendly interpretation that balances anti-evasion measures with genuine business realities, particularly in rural and semi-urban areas where cash transactions remain common.

Case Details

Case Title: Bhaskar Thattaruthodiyil Nair Versus ITO

Case No.: I.T.A.No.754/COCH./2023

Date:  25.09.2024

Counsel For  Appellant: Divya Ravindran, Advocate

Counsel For Respondent:  V. Swarnalatha, Sr. DR

Read More: Explained: What is the new Bill to remove the PM, CMs and Ministers if they’re jailed?

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

Proforma Invoice Valid for Availing CENVAT Credit if Service Tax Is Paid: CESTAT

The Bangalore Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has...

Tax Demand Can’t Be Raised Through Computation Sheet When Assessment Accepts Returned Income Without Additions: ITAT

The Bengaluru Bench of the Income Tax Appellate Tribunal (ITAT) has held that the...

Import Duty Payable on Actual Reduced Price Despite Higher Price at Time of Import: CESTAT

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has...

Driver’s Statement on Plain Paper Has ‘Very Little Evidentiary Value’: Allahabad High Court Quashes GST Penalty Order 

The Allahabad High Court has set aside an appellate order upholding a penalty under...

More like this

Proforma Invoice Valid for Availing CENVAT Credit if Service Tax Is Paid: CESTAT

The Bangalore Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has...

Tax Demand Can’t Be Raised Through Computation Sheet When Assessment Accepts Returned Income Without Additions: ITAT

The Bengaluru Bench of the Income Tax Appellate Tribunal (ITAT) has held that the...

Import Duty Payable on Actual Reduced Price Despite Higher Price at Time of Import: CESTAT

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has...