Assessee
had huge outstanding dues to various creditors for over 20 years and also had
to recover huge amount from one entity for which he had filed a petition before
Hon’ble High Court in 1983. As per Hon’ble High Court’s decision, he received
part payment from his debtors from which he made payments to his creditors in
cash and hence, AO levied penalty u/s 271E. Assessee explained the Hon’ble ITAT
that his creditors insisted on cash payments and were visiting his house every
day. He was 80 years old and was unaware of the legal requirement of making
such payments through cheque. The said explanation was found to be bona fide by
ITAT and so, ITAT deleted the said penalty in view of provisions of S.273B. The
said view was upheld by the Hon’ble High Court also.
[MAHESH
HARIKRISHANDAS AMIN HUF - TAX APPEAL NO.190 & 191 of 2012 - GHC]
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