Agriculture property sold and consideration of Rs.2.5 lacs accepted in cash. consequences

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A relative sold agricultural land and received Rs. 2.5 lacs in cash, which was noted in the sale deed. This raises concerns about potential IT consequences, specifically penalties under Section 271D (or 271DA for specified sums) for violating Section 269SS (or 269ST). The penalty could be up to the cash amount received. However, an exception exists if both parties have agricultural income and no other taxable income.

Maddaiah

Maddaiah (Querist)

17 November 2021 One of my relative sold agricultue property on Kurnool dt AP and consideration of Rs.2.5 lacs accpeted in cash and the same is mentioned in the sale deed.Pleas inform me the consequences as per IT rules.

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

17 November 2021 Penalty for failure to comply with the provisions of section 269SS of IT act.....
As per Sec. 271D. (1) If a person takes or accepts any loan or deposit [or specified sum] in contravention of the provisions of section 269SS, he shall be liable to pay, by way of penalty, a sum equal to the amount of the loan or deposit or specified sum so taken or accepted.

In the referred case penalty upto Rs. 2.50 lakhs can be imposed.

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

17 November 2021 EXCEPTION:
Provided further that the provisions of this section shall not apply to any loan or deposit or specified sum, where the person from whom the loan or deposit or specified sum is taken or accepted and the person by whom the loan or deposit or specified sum is taken or accepted, are both having agricultural income and neither of them has any income chargeable to tax under this Act.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

17 November 2021 Section may be corrected to read as 269ST and for penalty 271DA. For details please refer those sections.

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

18 November 2021 Agreed, AO may choose to levy penalty under either section.
Explanation under sec. 269SS .....
(iv) "specified sum" means any sum of money receivable, whether as advance or otherwise, in relation to transfer of an immovable property, whether or not the transfer takes place.

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