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TMI Blog2023 (4) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... . The assessee has assailed the impugned order on the following grounds of appeal before us: "1. On the facts and in the circumstances of the case the CIT(A)-NFAC has erred in confirming the order of the JCIT-Range-3, Raipur wherein the Joint Commissioner of Income Tax,Range-3, Raipur has erred in imposing penalty of Rs.671939/- u/s. 271E of the Income Tax Act, 1961. Thus the order passed by the JCIT-Range-3, Raipur and confirmed by the CIT-A(NFAC) is unjustified, unwarranted and uncalled for and deserves to be deleted. 2. The assessee reserves the right to add, amend or alter any grounds of appeal at any time of hearing. 2. Controversy involved in the present appeal lies in a narrow compass i.e., sustainability of the penalty imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after deliberating on the explanation of the assessee was however not persuaded to subscribe to the same. It was observed by the AO that there was no justification for the assessee to have gone by the instructions of the financers which were in contravention of the provisions of section 269T of the Act. Apart from that, it was observed by the JCIT that even if the concerned financers considering their past experience with the assessee were not ready to receive the payments from the assessee by cheques, then she could have made the said payments as per the other prescribed modes, i.e by demand drafts or electronic transfers as provided in section 269T of the Act. In so far the claim of the assessee that she was unaware about the mandate of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 073/- 3 B-0107(Chasis) Repaid to M/s. Tata Finance Ltd. 2,94,691/- TOTAL 6,71,939/- 9. On a perusal of the reply filed by the assessee, wherein she had explained the reasons for having repaid the aforementioned loans in a manner other than that prescribed u/s. 269T of the Act, we find that the same has two facets, viz (i) that as the assessee's repayment record was extremely poor as the cheques that were issued by her towards repayment of loans in the past were on several occasions not honored, therefore, the collection agents of the financers had insisted upon her to make repayment of the monthly loan installments in cash; and (ii) that the assessee was ignorant about the provisions of section 269T of the Act. Before proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing system through his bank account or any other prescribed electronic mode as provided in Rule 6ABBA of the I.T. Rules, 1962. We are unable to persuade ourselves to subscribe to the explanation of the assessee that as the financers were not ready to receive the repayment of loans from her vide account payee cheques, therefore, for the said reason she was compelled to make the said payments in cash. 11. Also we do not find any substance in the claim of the assessee that she was unaware of the provisions of section 269T of the Act. It is a matter of fact borne from record that the assessee at the relevant point of time was availing the services of a Chartered Accountant and had got her accounts for the year under consideration audited fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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