TMI Blog2024 (4) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... ST - CIT(A) held that no person issues two bills to the same customer for two different items HELD THAT:- The Hon ble Apex Court in the case of Hindustan Steel Ltd Vs. State of Orissa [ 1969 (8) TMI 31 - SUPREME COURT] held that held that penalty may not be imposed when there is technical or venial breach of the provisions of the Act. 'Good cause as defined Lexicon - Reason which is found to be adequate or proper and justified by a court or a competent authority dealing with the matter. Sufficient cause - The expression sufficient cause implies no negligence nor inaction nor want of bonafides on the part of the party . See MYSORE FERTILISER COMPANY [ 1982 (11) TMI 15 - MADRAS HIGH COURT] ,CHEMBARA PEAK ESTATES LIMITED [ 1989 (8) TMI 35 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or alleged splitting of bills made by the Appellant Company during the year under consideration and alleged contravention of the provisions of Section 269ST on cash receipts of Rs. 2,00,000/- or more in AY 2018-19 by ignoring the facts and circumstances of the case and submissions filed on behalf of the Appellant Company. 3. The grounds of appeal are related to levy of penalty u/s 271DA of the Income Tax Act, 1961 on cash receipts of Rs. 2,00,000/- by the assessee. Penalty order u/s 271D of the Act has been passed in consequence to the proceedings of search and seizure operation that was conducted on Sh. Rishi Kishan Mehra and Shantanu Mehra, Directors of M/s Finessee international Design Pvt. Ltd. on 29.05.2018 u/s 132A. During the search ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on record. 8. The details are as under: S. No. Name of the Customer Item purchased Date of Invoice Bill Value (in Rs. ) 1 Anubhav Gupta Sherwani kurta Churidar 23.08.2017 155066 2 Anubhav Gupta Shoe 23.08.2017 34000 3 Anubhav Gupta Jodhpuri Trouser 23.08.2017 80500 4 Anubhav Gupta Sherwani Purqree 23.08.2017 22800 5 Anubhav Gupta Shoe 23.08.2017 22000 6 Nisha Bhalla Anarkali Gown and Saree Blouse Petticoat 19.12.2017 81000 7 Nisha Bhalla Gown and Saree Blouse Petticoat 19.12.2017 188000 8 Rohan Kiara 2 pair Lehnga, Choli Dupatta, 2 pair Sherwani, Kurta Churidar and 2 pair Waistcoat Kurta Churidar 10.11.2017 1153000 9 Rohan Kiara 3 pair Shoes 10.11.2017 79000 10 Fahainda Islam Sherwani kurta Churidar Stole Paqdee 31.12.2017 190000 11 Fahain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26) held that held that penalty may not be imposed when there is technical or venial breach of the provisions of the Act. 13. Good cause as defined Lexicon Reason which is found to be adequate or proper and justified by a court or a competent authority dealing with the matter. Sufficient cause The expression sufficient cause implies no negligence nor inaction nor want of bonafides on the part of the party . 14. Reliance is being placed on the following case laws with regard to good and sufficient cause: CIT vs. Mysore Fertilizer Co. 145 ITR 91 (Mad.) CIT vs. Chembara Peak Estates Ltd. 183 ITR 471 (Ker.) CIT vs. Jaipur Electro P. Ltd. 183 ITR 476 (Raj.) CIT vs. Bhikaji Ramchandra 183 ITR 478 (Bom.) 15. The Co-ordinate Bench of ITAT Guwathi i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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