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Section 269SS, Section 269T and Section 271E

This query is : Resolved 
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(Querist)
05 March 2011 One of our client has repaid the Loan in cash. The client is based in Bangalore and the loan was to be repaid in mumbai.
To avoid delay in Clearing of outstation Cheque, our client has repaid the loan in cash. Our Assessee does not have a Bank Account in Mumbai.
The A.O. with the prior approval of the ACIT has levied penalty on the same.
Is there any way out to avoid penalty under Section 271E?
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
05 March 2011 Pl try in appeal u/s 246A (1)(q) of the Income tax Act,1961.
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Ashish

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Ashish (Querist)
05 March 2011 Thank you sir for your reply.
We have already filed an appeal Under Section 246A.
Any Citation / case Law would be useful.
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