D.b. Income Tax Appeal v. Date Of Order : 20.9.2006

D.B. INCOME TAX APPEAL NO.91/2006(CIT Vs. Smt. Krishan Pyari Rathi) Date of order : 20.9.2006 HON'BLE MR. JUSTICE RAJESH BALIAHON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Sangeet Lodha, for the appellant. Having heard learned counsel for theappellant we are of the opinion that no substantialquestion of law arise for consideration in this appeal. The assessee was subjected to penalty underSection 271-D having received certain money from themembers of her family to be used for the purposes ofconstruction of her residential house. The penaltywas imposed by the assessing officer under Section271-D as the money has been received in cash by theassessee in violation of Section 269 SS of the Actthat is to say otherwise then the bank transaction. The CIT (Appeals) as well as the Tribunalfound that the transaction was genuine. The money wasreceived from the members of the family forconstruction of the residential house in which theyhad common interest to reside and therefore, thetransaction being bonafide and genuine and moneyreceived by the lady for purchasing the regularmaterial during the course of construction of house, arun both the appellate authorities reached the conclusionthat there was reasonable cause with the assessee forhaving not received the money through Bank. We are of the opinion that the findingreached by the Tribunal, affirming the finding of CIT(Appeals) about the existence of reasonable ground fornot complying with Section 269 SS is finding of factand cannot be said to be founded on non-germaneconsideration to the conclusion reached by them.Therefore, no substantial question of law arise forconsideration in this appeal. The appeal is dismissed. (GOPAL KRISHAN VYAS), J. (RAJESH BALIA), J.