VIMP Query-Final-Loan in cash = penalty?? 269ss 269t

Final 844 views 10 replies

hey guys, plz tell me this-

 

i have taken a loan in cash rs.25000 in oct14     ----- this is violation of section 269ss

 

now i repaid (loan+intt) in march15 = 25500       ------ this is violation of 269t

 

what would be amount of penalty u/s 271D & 271E

 

ans - PENALTIES RESPECTIVELY IN 271D 271E

a.    25000     25500

b.    25000     500

 c.   0            25500

d.   25000      25000    (ie no penalty for th intt amt.)

 

plz specify ur opinion with relevant provision of law

Replies (10)
I think Answer should be :25000/25500 Sec 271D and 271E both are different sections. So, Rs.25000/- penalty for violation of sec 269ss and Rs.25500 penalty for violation of sec 269t. Sec 269t includes interest also.
Agreed with payal. But not sure bcoz haven't seen any such case yet.

I had a considered an opinion given in nihit jhaveri sir's book... it says....

 

if an amount has alrdy been subjected to panlty u/s 271D then 271E can not be levied for the same amount.

 

hence the penalty shud be 271d=25000     271e=500

 

but i could not find the legal provision/section which says this

I had also read that penalty shall be levied max of loan amount. So ur opinion may also be right but i also could not find legal provision or case. Let others may reply.

where is this writtn that penlty canot be levy for more than th loan amount..... ? any provison/case law?

yes payal garjar... i agree wid u.... ur opinion ws corrct....thanx

Thanks... but good que. I hv never faced

Thanks to CA FINAL STUDENT and PAYAL for resolving my doubt.
thank you both of u too for reply

25000 500 penalty in nihit sir book was wrong


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