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62. (2026) 190 taxmann.com 427 (Del Trib)
Divya Lok Co-Operative Group Housing Society Ltd. v. ITO
A.Y.: 2015-16 and 2016-17
Date of Order: 09.09.2026
Sections: 271D, 269SS
Where penalty under section 271D for alleged violation of section 269SS was imposed in August 2024 by the Faceless Assessment Unit instead of Penalty Unit as per the NFAC SOP which was effective vide 6.9.2022, the penalty order passed by an authority lacking jurisdiction was liable to be quashed.
FACTS
The assessee was a co-operative group housing society incorporated under the Haryana Co-operative Societies Act, 1984, which collected contributions from its members for purchase of a plot from HUDA and construction of flats for them. For A.Y. 2016-17, based on risk management information, a cash deposit of `67.51 lakh in its IDBI Bank account was noticed. Proceedings under sections 148A and 148 were initiated, and in response, the assessee filed its return and furnished the list of members, cash book, and affidavits of members evidencing that the cash represented their contributions. The Assessing Office
